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9.1. SR 09-21-2020
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9.1. SR 09-21-2020
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View File <br />Page 10 of 36 <br />What if my tenant is the party responsible for creating the violation? <br />You are receiving this notice because you are the owner of record and are ultimately responsible for ensuring that the violation(s) listed in this <br />notice are corrected. You may also be subject to fees for corrective action initiated by the city and/or fines for failure to comply. <br />Appeals <br />You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. <br />Applications, forms and the city's adopted fee schedule can be found online at www.elkriverMN.gov and are also available at city hall (13065 <br />Orono Parkway NW). <br />Sec. 30-633 - Appeals, adjustments and variances gener } <br />(a) The board of adjustments has the following powers with respect to this article: <br />(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land <br />development staff in the enforcement of this article. <br />(2) Hear requests for variances from the literal provisions of this article. <br />M The board shall provide for a record of its proceedings which shall include minutes of meeting findisi ,, and the action taken on an <br />appeal or variance. including its final order and an) conditions established in connection therewith. <br />Vie.. 30_634. - Appeals. <br />(a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of <br />the land development staff An appeal may be made only following the transmission of a written notice of appeal upon a form provided by the <br />city which specifies the subject and grounds therefor. Such notice must be received by the director of planning within 60 days following the <br />issuance of the order, requirement, decision or determination which is the subject of the appeal. <br />(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, <br />provided that any decision shall be consistent with this article. All final decisions of the board regarding appeals or variances shall be by written <br />order. In making orders the board shall have the powers of the administrative official from whom the appeal is taken. <br />Sec. 30-636. - Hearings. <br />On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not <br />later than 30 days following the city's receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing <br />shall be mailed to the petitioner or appellant, be published in the official newspaper, and be mailed to each owner of property situated wholly or <br />partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to receive notice shall not invalidate the <br />hearing or proceeding. <br />Sec. 30-637. - Decisions. <br />Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or <br />petitioner by mail. The board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to <br />approve or approve with conditions an appeal or request for a variance shall be final unless appealed to the city council, and shall be effective on <br />the llth day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to deny an appeal or a <br />variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board. <br />Sec. 30-638. - Anneals from decisions of board <br />(a) Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal <br />that decision to the city council. Appeals must be in writing and filed with the city planning department within ten calendar days of the board's <br />decision. <br />(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with <br />the consent of the person who appealed to the city council and the person who applied to the board, and both of whom shall receive written <br />notice of the date and time when the city council will hear the appeal. The city council may reverse, affirm or modify, wholly or partly, the <br />decision of the board, and shall have all the powers of the board in acting on appeals. <br />Nuisances and Abatement by the City <br />https://www3.citizenserve.comlAdminlWorkOrderNotes?Action=ListNotes&WorkOrder I... 9/16/2020 <br />
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