238971 �Oti .nal�C�ty,Clerk -
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�� � � ORDINANCE '�
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COUNCIL FILE NO
PRESENTED BY � ORDINANCE NO / " ��
, " An ordinance amending the Saint Paul Legislative
Code by a�.ding a chapter thereto creating a Board of
Appeals�e�• Review for the Housing, Buil•ding and Fire
Prevention Codes and establishing the gowers, duties,
, regulations and procedures therefor.
TFIE C OUNC I L OF THE C I TY OF S.AI NT PAUL �D OE S ORDAIN:
Section l. That the Saint Paul Legis'lative Code be and the
� sa.me is hereby amended by adding a chapter to be designated
Chapter 55 as follows:
55.01 . COMPOSITION OF BOARD. � .
• (a) There is hereby created a Board of Appeals which shall
consist of seven voting members who shall be appointed by the
,,����} ; Mayor and approved by the City Cou.ncil . The Mayor shall desig-
��''•�-�' nate one of the seven members as chairman. Each of said, seven
members shall be a qualified elector of the City and shall neither
, be an officernor employee of the City of St. Paul . One representa-
tive shall be appointed from the /architectural or engineerin.g
� profession, one representative shall be appointed frdm the finan- �
; , cial profession, one representative shall be appointed from the
building an.d trade industry, one representative shall be appointed
from the legal profession, one representative shall be appointed
, from the real estate or building ma.n.agement profession and °two
representatives shall be �appointed from the general citizenry.
' - Members of the Board shall serve terms of three years except that
the original Board shall have three members appointed for a term
of three years, two members for two years a.n.d two members for one
year. Vacancies in a.n. un.expired term shall be filled by the Mayor �
by appointment with the approval of the City Coun.cil for the •
remainder of the term.
(b) Four members of the Board shall constitute a quorum and
" • the Board shall act by a majority vote. The chairman shall have
the same voting rights as the other members. .
(c). The Chief Health Officex, the City Architeet and the
Chief of Fire Prevention or their authorized representatives
shall be ex-officio members of the Board but shall not have vot- �
ing rights.
(d) The Board shall have the power to adopt rules and
regulations for the conducting o� its hearings, to issue sub-
poenas and subpoenas duces tecum to witnesses when reasonably
necessary to obtain pertinent evidence and a.n.y member of the ,
Board shall have authority to administer oaths.
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Yeas Councilmen Nays Passed by the Council _ ,
Carlson� " ". .-- --."- - � _ _
Dalglish . , Tn Favor
Holland
Meredith Against
Peterson
Tedesco �
Mr:,President (Byrne)
Approved:
Attest: `
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City Clerk Mayor
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Form approved Corporation Counsel By —
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(e) The proceedings of all Board meetings shall be sum-
marized, reduced to writing and maintained as a matter of record.
55 .02 . � HEAR,ING.
(a) Any person affected by any notice which has been
issued in con.nection with the enforcement of any provision of
the Housing, Building, or Fire Prevention Codes, or any rule or
regulation adopted pursuant thereto , may request and shall be
granted a hearing before the Board of Appeals on all matters set
forth in such notice; provided that such person shall file with
the Board of Appeals a written petition requesting such hearing
and setting forth a brief atatement of the grounds therefor
within ten (10) calendar days after the day the notice was
served. The filing fee for such a petition shall be five dollars
(�5 .00) , except that where there is financial hardship and after
recommendation of the •enforcing officer, the Appeals Board may
waive the filing fee . aubject to the approval of the City:'Council .
Upon receipt of such petition, the Board of Appeals shall set a
time and place �or such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be
given opportunity to be heard and to show why such notice should
be modified or withdrawn. The hearing shall be commenced not
later than thirty days after the day on which the petition was
filed; provided, that upon application of the petitioner the
Board of Appeals may postpone the date of hearing for a reason-
able time beyond such thirty-day period, if in its judgment the
petitioner has submitted a good and sufficient reason for such
postponement .
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(b) The Board of Appeals may, with the approval of the
Council , modify or revoke the notice or order, and may grant an
extension of time for the performance of any act required where
the Board finds that there is practical difficulty or undue hard-
ship connected with the performance of any act required by the
provisions of this ordinance or by applicable rules or regula-
tions issued pursuant thereto , and that auch extension is in
- harmony with the general purpose of this ordinance to secure the
public health, safety and welfare . �
,
� (c) The staff for the Boar:d of Appeals shall be provided
through the Council Investigation and Research Bureau.
55 .03. JUDICIAL REVIEW.
Any person aggrieved by the final decision of the Board of
�°•�. Appeals may obtain judicial review by timely filing of an action
seeking review of such decision as provided by law in District
Court .. '
55 .04. CODE REVIEW. .
The Boar.d shall also act as a review body for the Housing,
Builcling and Fire Prevention Codes and recommend to the Mayor and
City Council any changes needed to maintain modern and enforceable
Codes . ,
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COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO �
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Page 3.
Section 2. This ordinance shall take effect and be in
force thirty days after its passage , approval and publication.
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- � JUL � 196� �
Yeas Councilmen Nays Passed by the Council
�soir�
Dalglish In Favor
� � �ekaad---
�Meredith a /� A gainst
Peterson
Tedeaco � �U L 9196E
. Mr. President Byrne
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Atte��st�•� ,��
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City lerk Mayor
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Form approved Corporation Counsel By '`v��
� , .PliBL1SHE� JUL 13 �96$
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Laid over to
3rd and app —Adopted �
Yeas � �ys Yeas Nays
�Carlson `6arls�
`Dalglish Dalglish
. \�vleredith �,����� Meredith
eterson - Peterson �
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�5prafka Sprafka
�Tedesco Tedesco
\Mr. Pre ident Byrne Mr. President Byrne
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