Laserfiche WebLink
evidence the petitioner intends to present. Such requests shall be filed in writing to the City <br />Manager, or their designee, within 14 business days after the ordinance administrative <br />penalty is issued. <br />(2) The city will confirm request of an administrative hearing and include information on <br />the administrative penalty hearing fee as outlined in the City Fee Schedule. This fee will be <br />refunded if the administrative citation is dismissed, but not if affirmed or modified. The City <br />Manager or their designee will schedule the hearing and will notify the violator and involved <br />city staff, of the date, time and location of the hearing. Parties are expected to be available <br />at the hearing for a minimum of two hours. Notice of the hearing must be mailed to the <br />violator and the Hearing Examiner at least ten days in advance of the scheduled hearing, <br />unless a shorter time is accepted by all parties. The notice must contain the name of the <br />parties, the identity of the Hearing Examiner, the property of the alleged violation and the <br />type of violation alleged. <br />(3) Continuance. A request for a continuance must be made to the City Manager, or <br />designee during business hours at least five days prior to the scheduled hearing date. The <br />City Manager or designee may grant a continuance at the request of the violator or the city <br />staff member only for good cause shown and for no more than ten days from the original <br />assigned date. <br />(4) File transmittal. Upon receipt of any request for a hearing, the City Manager, or <br />designee will compile a summary report detailing the facts in support of any determination <br />that the offense constitutes a violation. The summary report must be provided to the <br />hearing officer on the business day preceding the scheduled hearing and shall include the <br />following information: <br />(a) Copy of the administrative penalty sent to the petitioner; <br />(b)Copy of the case history established by the city employee(s), including written <br />accounts correspondences, photos or videos; <br />(c)Proof of mailing and/or posting of notice on the property if the citation was not <br />personally served on the violator. <br />(5) Presentation of case. At the hearing, the parties will have the opportunity to present <br />testimony and question any witnesses, but strict rules of evidence will not apply and the <br />Hearing Examiner will determine the admissibility of any evidence and/or testimony. All <br />administrative hearings will be recorded with an audio recording device. A transcript of the <br />administrative hearing will be transcribed and retained pursuant to the Minnesota <br />Government Data Practices Act. The Hearing Examiner will take testimony from the <br />petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will