Owatonna, Minn., Mun. Code Ch. 115 (2026) § 115.11

(A) Any applicant whose application for registration certificate, after investigation has been rejected by the Fire Chief, may request and shall be granted a hearing in the matter before the Fire Code Board of Appeals under the procedures set forth hereafter in division (B) below.


(1992 Code, § 457:60)


(B) (1) Appeals to the Fire Code Board of Appeals. Any person affected by any notice of violation or emergency order issued and served pursuant to this subchapter or otherwise adversely affected by the administration of this subchapter, shall be granted a hearing before the Fire Code Board of Appeals upon filing in the office of the Fire Chief a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The petition shall be filed within 20 days after the notice is served, order issued or other adverse action taken.


(2) Date of hearing. The hearing requested shall be held not more than 30 days after the day on which the petition is filed or within ten days of such filing in case of an emergency order. The Chair of the Board may postpone the date of the hearing for a reasonable time beyond such period if a good and sufficient reason exists for such postponement and in the case of an emergency order the Chair determines that adequate safeguards will be taken to provide for the health and safety of the occupants and general public during such postponement.


(3) Notice of hearing. The Fire Chief shall cause five days’ written notice of the hearing to be given to the petitioner by personal service or by mailing to the petitioner’s last known address.


(4) Proceedings. At such hearing, the petitioner, petitioner’s agent or attorney shall be given an opportunity to be heard and to show cause why the notice of alleged violation or emergency order issued by the Fire Chief or other action taken adverse to petitioner should be modified or withdrawn. The Fire Chief shall present a written statement of the findings and decision to the Board at the time of the hearing together with evidence in support of the violation, order or other action taken.


(5) Decisions of the Board.


(a) After such hearing, the Board shall sustain, modify or withdraw the notice of alleged violation or emergency order or other action taken depending upon its findings as to whether the provisions of this subchapter have been complied with. If the Board sustains or modifies such notice or emergency order, or other administrative action, it shall be deemed to be an order. A copy of the decision of the Board shall be served by mail on the petitioner.


(b) With respect to existing buildings, whenever it is not practicable or feasible to require strict compliance with the substantive provisions of this subchapter, §§ 150.015 through 150.024 and Ch. 151 of this code of ordinances, or any applicable federal or state statute or administrative rule, or any other city or county ordinance, the Board may approve a variance from such provisions when, in its judgment, existing conditions are in acceptable compliance with the spirit and intent of the code and reasonably safeguard the health, safety and welfare of the occupants and the public.


(6) Record of proceedings. The proceedings of each hearing held before the Board, including the findings and decision of the Fire Chief, shall be reduced to writing and entered as a public record in the office of the Fire Chief. Such record shall include a copy of every notice, order, stay or other writing issued in connection with the matter.


(7) Stays. The Board may stay enforcement of an order made after a hearing for a reasonable length of time; provided, however, that, the Board shall first find that immediate enforcement of the order would result in extreme hardship to the person or persons affected and that the immediate health, safety and welfare of the occupants and the public will not be jeopardized by such stay.


(8) Notices not appealed. Any notice served pursuant to the provisions of the Housing Code shall automatically become an order if a written petition for a hearing is not filed with the Fire Chief within 20 days after the notice was served.


(9) Appeals from Board decisions. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.


(1992 Code, § 457:80)


(Ord. 1316, passed 5-20-2003)