09-312Council File # 09-312
Green Sheet # 3068056
ORDINANCE
PAUL, MINNESOTA
Presented by
An Ordinance amending Chapter 18 of the Saint Paul Legislative
Code Clarifying Judicial Review of Appeals Made under this Chapter
THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN
Section 1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Sec. 18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, decisions or determinations made by the enforcement
officers relative to the enforcement of health, housing, building or fire codes contained in the Saint Paul
Legislative Code, and in order to hear appeals and make determinations relative to safe pedestrian
crossing azeas under section 156.05 and newsracks under chapter 131 of the Saint Paul Legislative Code,
there shall be and is hereby created a legislative hearing officer. The legislative hearing officer shall be a
city employee appointed by the president of the city council. The legislative hearing officer shall have
the authority to hear appeals to orders, decisions or determinations of the enforcement officers or others
and make recommendations to the city council. The hearing officer shall not have the power to grant
waivers of the Minnesota State Building Code. All matters, orders, decisions and determinations of the
hearing officer sha11 be forwarded to the city council in resolution form within ten (10) days of the
hearing officer's actions. The city council shall have the authority to approve, modify, reverse, revoke,
wholly ar partly, the hearing officer's orders, decisions or determinations and shall make such order,
decision or determination as ought to be made. All matters, orders decisions and determinations of the
hearin� officer being recommendations to the ci council are not subject to 'ud� icial review.
Sec. 18.02. Hearing petition, filing, fee, notice.
24 Any property owner affected by any order which has been issued in connection with the enforcement of a
25 health, housing, building or fire code, or any rule or regulation adopted pursuant thereto, or any newsrack
26 owner affected by any decision made pursuant to section 131.70(B) of Yhe St. Paul Legislative Code, may
27 request and shall be granted a hearing before the legislative hearing officer on all matters set forth in such
28 notice; provided, that such property or newsrack owner shall first file with the legislative hearing officer
29 a written petition requesting such hearing and setting forth a brief statement of grounds therefor within
30 ten (10) days after the date the original notice of code violations, or within ten (10) days after the date on
31 which notice of the newsrack decision under section 131.70(B), was issued.
32 The filing fee for such petition shall be twenry-five dollazs ($25.00) except that where there is financial
33 hardship, the hearing officer may waive this filing fee subject to the approval of the city council.
34 Upon receipt of such petition, the hearing officer shall set a time and place for such hearing and shall
35 give the petitioner written notice thereo£ The hearing shall be commenced not later than thirty (30) days
36 after the date on which the petition was filed.
���� � //-o�
09-312
37 c,,.. �Q n� i..a:,.:..i ..
: - -
� -- -
40
41
42
43
Section 2
44 This ordinance shall become effective thirty (30) days after its passage, approval and publication.
45
�ue�is�F�
APR 2 � p�
Requested by Department oL
B
Approved by the Office of Financial Services
By:
Approved bv , Attome
By . 3 q-o�
A roved y Mayor for Submission to Council
Adoption Certified by Council Secretary gy:
By � � Pll�L1SHE�
f
Appro ed by ayo Date � i J�
By:
APR 2 3 2D09
Adopted by Council: Date ��dg�� %
09-312
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
'� DepartmenflOfficelCouncil: � Date Initiated:
I CD _ Council ; � �-MAR-09 ',
'', Contad Person ffi Phone:
�� Marcia Moertnond
266-8570
I Must Be on Council /\qenda by (Date):
� 18-MAR-09
j Doa Type: �RDINANCE
E-Document Required: Y
Document Contact:
Contact Phone:
Green Sheet NO: 3068056
0 Council
1 Council DepartrnentDirector
2 � Clerk
3
a
5 ,
� N l
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locations for Signature)
Actian Requested:
An ordinance amending Chapter 18 of the Saint Paul Legislative Code clarifying Judicial Review of Appeals made under this
chapter.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1 Has this person/frm ever worked under a contract for ihis department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this perso�rm possess a skill not normally possessed by any
current city employee�
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvantageslfApproved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Fi nancial Information:
(6cplain)
CosNRevenue Budgeted:
Activity Number:
March 11, 2009 5:09 PM Page 1