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View File <br />Page 27 of 36 <br />Minnesota state law prohibits the release of the identity of individuals who make a complaint. Minn. Stat. 13.44 states: The identities of individuals who <br />register complaints witbgovernment entities concerning violations of state laws or local ordinances concerning the use of realproperly are classified as confidential data, <br />pursuant to section 13.02, subdivision 3. <br />Why am I receiving a formal letter and not a courtesy phone call? <br />Your property has one or more city code violations. The city, in most circumstances, is required to provide a written notification to the owner of <br />the property. <br />What happens if I ignore this order? <br />Additional penalties, including crinunal prosecution, are possible. Your immediate attention is required. DO NOT IGNORE THIS ORDER <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.elkriverNN.gov and are also available at city hall (13065 <br />Orono Parkway NW). <br />Sec. 30-633 - Appeals, adjustments and variances gngrallv <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 />The board shall I wrovide for a record of its proceedings which shall include minutes of meetings. findings. and the action taken on an <br />appeal or variance including its final order and any conditions established in connection therewith. <br />Sec. 30-634. - Al2peals. <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. - HearinVs. <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 />hqs://www3.citizenserve.comlAdminlWorkOrderNotes?Action=ListNotes&WorkOrder I... 9/16/2020 <br />