Ch6.§4-9 · City of Nowthen public records

A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a written notice that sets forth the alleged violation and informs the alleged violator of his or her right to have a hearing on the accusation. B. Hearing. If a person accused of violating this Section so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. The hearing shall be conducted pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. C. Hearing Officer. The City Council may act as the hearing body in these proceedings, or it may contract with the Office of Hearing Examiners for a hearing officer. D. Decision. If the hearing officer determines that a violation of this Section did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under Section 6-4-10 of this Section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator.   E. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (Ordinance #30, adopted June 9, 2009) 6-4-10: PENALTIES: No penalty shall be imposed under this Section unless the alleged violator has received notice of the alleged violation and an opportunity to be heard under Section 6-4-9. After said hearing or waiver of said hearing a licensee found to have committed a violation of Section 6-4-6 is subject to an administrative penalty. The City Council may impose the following administrative penalties: A. First Violation: A civil fine not to exceed five hundred ($500) dollars and/or a license suspension of up to ten (10) days. B. Second Violation: A civil fine not to exceed seven hundred fifty ($750) dollars and/or a license suspension of up to thirty (30) days. C. Third Violation: A civil fine not to exceed one thousand ($1,000) dollars and/or a license suspension of up to one (1) year. D. Fourth Violation: A civil fine not to exceed two thousand ($2,000) dollars and/or revocation of the violator's license. (Ordinance #30, adopted June 9, 2009) 6-4-11: APPEALS: Appeals of any decision made by the hearing officer shall be filed in the Anoka County District Court. (Ordinance #30, adopted June 9, 2009) 6-4-12: OTHER REMEDIES: Nothing in this Section shall be construed as prohibiting the subjection of any individual or retailer to whatever penalties are available under any other local, State of Federal law, or other applicable law or regulation. (Ordinance #30, adopted June 9, 2009) 6-413: SEVERABILITY AND SAVINGS CLAUSE: If any section or portion of this Section shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity or enforceability of any other section or provision of this Section. (Ordinance #30, adopted June 9, 2009)     # SECTION 5 EXCAVATION AND MINING (See also Section 11-4-10) Section: 6-5-1 General Provisions 6-5-2 Application for Permit 6-5-3 Standards

Ch.6 § 4-9

Amendment history