Winona, Minn., City Code ch. 33A (2026) § 33A.13
Appeal
Operative Text
33A.13 APPEAL
(a) Form of Appeal. Any person entitled to service under Section 12(c) of this
chapter may appeal from any notice and order or any action of the building
official under this chapter by filing at the office of the building official a written
appeal containing the following:
1. A heading in the words: "Before the Housing Appeals Board of the City of
Winona.
2. A caption reading: "Appeal of _______________, giving the names of all
appellants participating in the appeal.
3. A brief statement setting forth the legal interest of each of the appellants
in the building or the land involved in the notice and order.
4. A brief statement in ordinary and concise language of that specific order
or action protested, together with any material facts claimed to support
the contentions of the appellant.
5. A brief statement in ordinary and concise language of the relief sought
and the reasons why it is claimed the protested order or action should be
reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing
addresses.
7. The appeal shall be filed within 30 days from the date of the service of
such order or action of the Building Official or Building Inspector,
provided, however, that if the building or structure is in such condition as
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to make it immediately dangerous to the life, limb, property or safety of
the public or adjacent property and is ordered vacated and is posted in
accordance with Section 12(h) of this chapter, such appeal shall be filed
within 10 days from the date of the service of the notice and order of the
building official.
(b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section,
the Building Official or Building Inspector shall present it at the next regular or
special meeting of the board of appeals.
(c) Scheduling and Noticing Appeal for Hearing. As soon as practicable after
receiving the written appeal, the housing appeals board shall fix a date, time and
place for the hearing of the appeal by the board. Such date shall be not less
than 10 days nor more than 45 days from the date the appeal was filed with the
building official. Written notice of the time and place of the hearing shall be given
at least 10 days prior to the date of the hearing to each appellant by the secretary
of the board either by causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof, postage prepaid, addressed to
the appellant at the address shown on the appeal.
(d) Form of Notice of Hearing. The notice to appellant shall be substantially in the
following form, but may include other information:
You are hereby notified that a hearing will be held before the Housing Appeals
Board at on the day of , at the
hour , upon the notice and order served upon you. You may be, but
need not be, represented by counsel. You may present any relevant information
you feel relevant to you case.
(e) Reasonable Dispatch and Continuances. The board shall proceed with
reasonable dispatch to conclude any matter before it. Due regard shall be shown
for the convenience and necessity of any parties or their representatives. The
board may grant continuances for good cause shown.
(f) Inspection of Premises. The board may inspect any building or premises
involved in the appeal during the course of the hearing, provided that (i) notice of
such inspection shall be given to the parties before the inspection is made, (ii)
the parties are given an opportunity to be present during the inspection, and (iii)
the board shall state for the record upon completion of the inspection the material
facts observed and the conclusions drawn therefrom.
(g) Effect of Failure to Appeal. Failure of any person to file an appeal in accordance
with the provisions of Section 13(a) of this chapter shall constitute a waiver of the
right to an administrative hearing and adjudication of the notice and order or to
any portion thereof.
(h) Scope of Hearing on Appeal. Only those matters or issues specifically raised by
the appellant shall be considered in the hearing of the appeal.
(i) Reasonable Dispatch and Continuances. The board shall proceed with
reasonable dispatch to conclude any matter before it. Due regard shall be shown
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for the convenience and necessity of any parties or their representatives. The
board may grant continuances for good cause shown.
(j) Record. A record of the entire proceedings shall be made by tape recording, or
by any other means of permanent recording determined to be appropriate by the
board.
(k) Form of Decision and Effective Date. The decision shall be in writing and shall
contain findings of fact, a determination of the issues presented and the
requirements to be complied with. A copy of the decision shall be delivered to
the appellant personally or sent by certified mail, postage prepaid, return receipt
requested. The effective date of the decision shall be as stated.
(l) Staying of Order Under Appeal. Except for vacation orders made pursuant to
Section 12(g)2 of this chapter, enforcement of any notice and order of the
Building Official or Building Inspector issued under this chapter shall be stayed
during the pendency of an appeal there from that is properly and timely filed.Section 33A.13 of Winona, MN City Code Ch. 33A establishes a formal process by which any person who received a notice or order from the building official may challenge that action before the Housing Appeals Board of the City of Winona. A written appeal must be filed within 30 days of service of the order—or within 10 days if the property has been declared immediately dangerous and ordered vacated. Once a valid appeal is filed, enforcement of the contested order is generally paused while the appeal is pending, except for certain vacation orders; the board then schedules a hearing within a defined window and issues a written decision containing findings of fact.
Plain English — not legal advice.
Property owners and managers subject to a notice or order under Ch. 33A should be aware that § 33A.13 sets strict deadlines and procedural requirements for challenging a building official's action. A compliant operator who wishes to contest an order typically ensures the written appeal is filed at the building official's office within the applicable deadline—30 days in most cases, or 10 days for an immediately dangerous/vacated property—and that the appeal document includes all seven required elements, such as a statement of legal interest, the specific action being protested, and the relief sought. Operators also generally track the hearing schedule, since the board must set a hearing date between 10 and 45 days after the appeal is filed and must provide at least 10 days' written notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who have a legal interest in a building or land subject to a building official's order under Ch. 33A may have standing to file an appeal under § 33A.13. The provision allows affected parties to contest orders before the Housing Appeals Board by submitting a written appeal that meets specific formatting and content requirements within the applicable deadline—generally 30 days, shortened to 10 days for orders involving an immediately dangerous, vacated property. Tenants who miss the filing deadline risk waiving their right to an administrative hearing under § 33A.13(g); those seeking to understand their options may wish to consult a tenant-rights organization or legal aid provider familiar with Winona housing regulations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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