33. ADMINISTRATIVE PROCEDURES
CHAPTER 33: ADMINISTRATIVE PROCEDURES
Section
General Provisions
33.01 Fees and charges
Enforcement
33.15 Law enforcement authority
33.16 City Clerk/Treasurer and City Council authority
33.17 Permission to enter property to inspect for compliance
33.18 Refusal to allow public employees to inspect for compliance
33.19 Unreasonable refusal to inspect for compliance
33.20 Imminent danger
Hearing
33.35 General
33.36 Notice
33.37 Conduct of hearing
GENERAL PROVISIONS
§ 33.01 FEES AND CHARGES.
(A) The City Council may enact an ordinance establishing those fees and charges that are authorized by this code. Until that ordinance becomes effective, all fees and charges established by ordinance or resolution prior to the adoption of this code shall remain in effect.
(B) All fees and charges established by the ordinance establishing fees and charges may be amended from time to time by amendment of that ordinance.
(Prior Code Ch. 215)
ENFORCEMENT
§ 33.15 LAW ENFORCEMENT AUTHORITY.
Any licensed peace officer or the County Sheriff, Deputy Sheriff, or state trooper shall have the authority to enforce any provision of this code.
(Prior Code, § 110.1)
§ 33.16 CITY CLERK/TREASURER AND CITY COUNCIL AUTHORITY.
As permitted by M.S. § 626.862, as it may be amended from time to time, the City Clerk/Treasurer shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the Clerk/Treasurer or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.
(Prior Code, § 110.2)
§ 33.17 PERMISSION TO ENTER PROPERTY TO INSPECT FOR COMPLIANCE.
Any city official or employee designated by this code who has the responsibility to perform a duty under this code may, with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.
(Prior Code, § 110.3)
§ 33.18 REFUSAL TO ALLOW PUBLIC EMPLOYEES TO INSPECT FOR COMPLIANCE.
(A) If the licensee, owner, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the City Clerk/Treasurer, peace officer, or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety, and welfare of the people are being complied with and to enforce these provisions only. No criminal charges shall be made as a result of the warrant.
(B) No warrant shall be issued unless there is probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(Prior Code, § 110.4)
§ 33.19 UNREASONABLE REFUSAL TO INSPECT FOR COMPLIANCE.
(A) Every licensee, owner, resident, or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the Clerk/Treasurer or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety, and welfare of the people are being complied with and to enforce these provisions.
(B) Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses, or city service to the property.
(C) Mailed notice shall be given to the licensee, owner, resident, or other person in control of the property stating the grounds for the termination, and the licensee, owner, resident, or other person in control of the property shall be given an opportunity to appear before the Clerk/Treasurer to object to the termination before it occurs, subject to appeal of the Clerk/Treasurer’s decision to the Council at a regularly scheduled or special meeting.
(Prior Code, § 110.5)
§ 33.20 IMMINENT DANGER.
Nothing in this subchapter shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety, and welfare.
(Prior Code, § 110.6)
HEARING
§ 33.35 GENERAL.
Unless otherwise provided in this code, or by law, every public hearing required by law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this subchapter.
(Prior Code, § 112.1)
§ 33.36 NOTICE.
The notice shall state the time, place, and purpose of the hearing. Failure to give the notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subchapter.
(Prior Code, § 112.2)
§ 33.37 CONDUCT OF HEARING.
At the hearing, each party in interest shall have an opportunity to be heard and to present such evidence as is relevant to the proceeding. The Council may adopt rules governing the conduct of hearings, records to be made, and other matters as it deems necessary.
(Prior Code, § 112.3)