Ord 551CITY OF SHOREWOOD
ORDINANCE NO. 551
AN ORDINANCE AMENDING CHAPTER 104.03 OF THE SHOREWOOD CITY CODE
AS IT PERTAINING TO ADMINISTRATIVE ENFORCEMENT
Section 1. City Code Section 104.03 Subd. 3 is hereby amended as follows:
104.03. ADMINISTRATIVE ENFORCEMENT OF CODE REGULATIONS.
Subd. 3. Appeal to Hearing Officer.
a. Requesting a hearing. Any person contesting a citation issued pursuant to
this section may, within ten days of the issuance of the citation, request a hearing before a
Hearing Officer. Any request for a hearing shall be made in writing on a form provided by the
city, shall be accompanied by the fee required in the City of Shorewood Master Fee Schedule,
and either delivered personally to the city at City Hall or mailed to the city by United States first
class mail, postage prepaid and postmarked within the prescribed ten days. The hearing shall be
held at City Hall within 30 days of the date the city receives a timely hearing request. Failure to
attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an
admission of the violation. A Hearing Officer may waive this result upon good cause shown.
The Hearing Officer shall determine good cause, which shall not include forgetfulness or
intentional delay.
b. Hearing Officer, The City Council shall by resolution from time to time
appoint a list of persons authorized to act as a Hearing Officer. The Hearing Officer is
authorized to conduct an informal hearing to determine if a code offense has occurred. The
Hearing Officer shall have the authority to uphold or dismiss the citation or reduce, stay or waive
the civil penalty imposed upon such terms and conditions as the Hearing Officer shall determine.
The Hearing Officer's decision shall be made in writing on a form provided by the city for such
purpose. A copy of the Hearing Officer's decision shall be served either in person or by United
States first class mail upon the person requesting the hearing. The Hearing Officer's decision is
final, except for appeal in limited cases to the City Council, as set forth below, or as allowed
under state law.
C. Conduct of hearing. At the hearing, the parties will have the opportunity
to present testimony, documents and exhibits and question witnesses. The Hearing Officer shall
tape record the proceedings and receive testimony and exhibits. Strict rules of evidence will not
apply. The Hearing Officer must receive and give weight to evidence, including hearsay
evidence that possesses probative value commonly accepted by reasonable and prudent persons
in the conduct of their affairs.
d. Outcome of hearing. If the Hearing Officer upholds the citation, the
appellant shall pay the cost of the Hearing Officer plus any civil penalties that result from the
citation. If the Hearing Officer dismisses the citation and waives the penalty, the City shall pay
the costs for the Hearing Officer and refund the application fee for the appeal request.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
AD TED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day
of 2018.