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Minutes - Council Work Session - 11/10/2008
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Minutes - Council Work Session - 11/10/2008
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12/8/2008 8:11:51 AM
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Meetings
Meeting Document Type
Minutes
Meeting Type
Council Work Session
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11/10/2008
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<br />Police Chief Way stated that the highlighted sections on pages 13 through 16 are areas that the <br />Council may want to discuss. He stated that through this process, they have also broken down <br />the paragraphs into smaller, easier to understand, segments. <br /> <br />Community Development Director Miller stated that they had added history of prior violations <br />from owners, adding a $250 filing fee for administrative hearings, which is refundable, if they <br />are the prevailing party and a requirement to attend an administrative conference to expedite the <br />case. She stated that staff is proposing that the hearing examiner affirm, repeal, or modify the <br />order on the same day as the hearing. She stated that once the property has been abated, the City <br />would impose a limit on the amount of time their items would have to be held in storage to 15 <br />days maximum and the property owner would need to pay the City the cost of storage or the <br />entire bill before being allowed to retrieve any items. <br /> <br />Councilmember Strommen asked about the timing of the hearing with the examiner. She stated <br />that if there is only 24 hours from the time of the hearing for people to appeal, she questioned <br />what would happen if the hearing was held on a Friday. <br /> <br />Councilmember Dehen arrived at 5:44 p.m. <br /> <br />Community Development Director Miller stated that the language could be changed to 24 hours <br />or the next business day. <br /> <br />Councilmember Dehen asked if the statement on the bottom of page 12, gives the City the right <br />to assess if it isn't paid. <br /> <br />Community Development Director Miller stated that it is cited somewhere in the City Code so <br />that could be included in the language. <br /> <br />Councilmember Dehen stated that he thinks there should be a notation that if this isn't paid it <br />will be assessed with interest and penalties. <br /> <br />Community Development Director Miller stated that it could state that it will be assessed <br />according to our City code. <br /> <br />Councilmember Dehen stated that in his experience, a judge or hearing examiner, "takes it under <br />advisement" and won't give a decision right away. He suggested having the decision within 7 <br />days of the hearing, and also this time period to provide the Findings of Fact. <br /> <br />Mayor Gamec stated that he thinks allowing 14 days, to provide the Findings of Fact, may be <br />better. <br /> <br />Police Chief Way stated that this paragraph, asking for a decision the day of the hearing, is from <br />Brooklyn Center or Brooklyn Park, so, that way there is a decision that day and it doesn't drag <br />out the process. <br /> <br />Mayor Gamec suggested that it be left as it is proposed, for now. <br /> <br />City Council Work Session / November 10, 2008 <br />Page 2 of9 <br />
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