HomeMy WebLinkAboutOrdinance No. 4343 - Second Reading: AmendRCO.Chapt.5.AdministrativeHearing
ORDINANCE NO_________
AN ORDINANCE AMENDING SUBDIVISION 3 OF
SECTION 5.06 OF CHAPTER FIVE OF THE
ROCHESTER CODE OF ORDINANCES, RELATING
TO THE PAYMENT FOR COST OF AN
ADMINISTRATIVE HEARING.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subdivision 3 of Section 5.06 of Chapter 5 of the Rochester Code of
Ordinances is hereby amended to read as follows:
Subd. 3. Payment for Cost of Hearing. The cost of the hearing shall
be apportioned as established by city council resolution equally
between the person requesting the hearing and the City. At the time
the request for hearing is made, the City shall provide the requestor
with an estimate of the requesting party’s share of that cost. The
requestor must provide payment of that estimated cost to the City
before the City will schedule a hearing. The hearing officer has the
authority to reduce the requesting person’s share of the costs where
that person can demonstrate indigence by clear and convincing
evidence. Proof of indigence can be demonstrated by the person’s
receipt of means tested government benefits or a demonstrated lack
of assets or current income. Such proof shall be presented to the
hearing officer for determination of the amount of the prepayment in
advance of the hearing. In all cases, where the person requesting the
hearing does not attend and fails to request a continuance of the
hearing at least 48 hours in advance of the scheduled hearing, all
costs incurred by the City attributable to the requested hearing shall
be charged to the requesting party and deducted from any
prepayment made.
Section 2. This Ordinance is effective as of the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/5.062018