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Case # ""~ <br />REQUEST TO WAIVE ADMINSTRATIVE HEARING FEE FOR <br />AN APPEAL OF A ZONING VIOLATION AT THE PROPERTY <br />GENERALLY LOCATED AT 6203 RIVLYN AVE NW; <br />CASE OF KEITH KIEFER <br />By: Chris Anderson, Environmental Coordinator <br />Background: <br />On December 7, 2009, the City sent a notice of violation to Keith and Mary Ann Kiefer <br />concerning a zoning code violation on the property located at 6203 Rivlyn Ave NW. The <br />violation involves a fencing material that does not comply with regulations in the R-1 <br />Residential District. Mr. Keith Kiefer submitted a written response to the initial notice of <br />violation, dated December 15, 2009, requesting that the filing fee be waived. The initial <br />notice and subsequent communications .are attached for reference. <br />Notification: <br />There is no required notification to process this request. <br />Observations: <br />Standard language is included in notices of violation .that outlines the process afforded to a <br />property owner who feels aggrieved by such a notice of violation. As outliried in Ramsey, <br />Minnesota City Code Section 2-332 (Abatement), a property owner may request a hearing <br />before a Hearing Examiner if such request is submitted in writing within fourteen (14) days of <br />the initial notice of violation and is accompanied by a filing fee established by the City's rates <br />and charges. The filing fee for an administrative hearing, as established by Ordinance #08-30, <br />is $250. Since this fee is established by ordinance, any such request to waive said fee must. be <br />considered and acted upon by the City Council. <br />Recommendation: <br />Staff would recommend that the discussion concerning this matter focus solely on the request <br />to waive the administrative hearing fee. Should this matter eventually be considered by the <br />Hearing Examiner, there is the potential that the City Council would have to act on the ruling <br />of the Hearing Examiner if it were appealed. <br />Funding Source: <br />Responding to code complaints and requests for appeals are processed with Staff time. <br />Council Action: <br />Motion to waive the $250 filing fee. <br />