HomeMy WebLinkAboutOrdinance No. 4253 - Second Reading: Door-To-DoorSalesperson.OrdinanceAmendment
ORDINANCE NO. _____
AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 112.08
AND 112.09 OF THE ROCHESTER CODE OF ORDINANCES,
RELATING TO AN APPEAL FROM A DENIAL OF A DOOR-TO-DOOR
SALESPERSON PERMIT.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 112.08 of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
112.08. Right of Appeal. If the city clerk refuses or fails to register the
applicant or issue a permit, or if registration or permit is suspended or revoked, the
applicant, permittee, or registrant may appeal that determination by filing a written
notice of appeal with the city administrator within ten days after the city clerk’s
determination. If the notice of appeal is not timely filed, the right of appeal is
terminated and thereafter no appeal may be brought. A timely appeal from a
suspension or revocation shall stay the suspension or revocation until the decision
of the hearing officer is rendered.
Section 2. Section 112.09 of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
112.09. Hearing; Hearing Officer. Subdivision 1. The city
administrator, or designee, shall act as the hearing officer and shall have authority
to hear appeals from the following city clerk actions:
A. The refusal or failure to register an applicant or issue a permit.
B. The revocation of a registration or permit.
C. The suspension of a registration or permit.
Subd. 2. The hearing officer may receive all evidence, and hear witnesses
on matters germane to the appeal. The hearing officer shall afford the registrant,
permittee, or applicant making the appeal an opportunity to present evidence,
cross examine witnesses, and be heard. The hearing officer may affirm, modify, or
reverse the city clerk’s action.
Subd. 3. Any person aggrieved by the hearing officer’s determination may
appeal to the Common Council. An appeal to the Common Council shall be taken
within ten days from the hearing officer’s decision by filing with the city
administrator and city clerk a notice of appeal. The matter shall be placed on the
Common Council’s next regularly-meeting agenda for a public hearing. The
Council may affirm, modify, or reverse the hearing officer’s decision.
Section 3. This Ordinance shall become effective upon the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/112.08
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