OAH 16-6077-20696-3

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE CITY OF WEST ST. PAUL

In the Matter of the Civil Penalty Assessed Against: 1019 Seminole Avenue W West St. Paul, MN 55118 Issued to: Michael J. Tschida, Respondent.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

The above entitled matter came on for hearing before Administrative Law Judge Manuel J. Cervantes on Thursday, August 20, 2009, at 600 North Robert Street, St. Paul, Minnesota. The City of West St. Paul was represented by Assistant City Manager Susanna Wilson. The Respondent was represented by Self Attorney. Also present was Valeria Topla Tschida, his spouse.

FINDINGS OF FACT

The Respondent has been issued the following charge(s) for which s/he received proper notice: 20090019-1 July 6, 2009, for violation of West St. Paul City Code 435. Unlicensed Rental Property. Renting the property at 1019 Seminole Avenue, West St. Paul, Minnesota without a rental license and was the proper amount for a civil penalty imposed.

After a hearing on this matter, the Administrative Law Judge adopts the facts as submitted by the City, as set forth in the allegations in the Notice and Order for Hearing issued on July 29, 2009.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS OF LAW

1. The City and the Office of Administrative Hearings have subject matter jurisdiction pursuant to West St. Paul City Code § 120.13.

2. The City has complied with all relevant substantive and procedural requirements of Minnesota Statutes, rules and West St. Paul City Code.

3. The Respondent was given timely and proper notice of the hearing in this matter.

4. The City has demonstrated by a preponderance of evidence that Respondent has has not violated the alleged violation(s), to wit, Respondent was required to obtain a rental license for the property at 1019 Seminole Avenue East, in West St. Paul; and Respondent failed to do so after due notice.

5. The Administrative Law Judge has considered the duration, frequency of reoccurrence, seriousness, and history of the violation; Respondent’s conduct after the issuance of the Notice and Order for Hearing and good faith efforts to comply; the impact of the violation on the community; the Respondent’s record of prior City Code violation(s) and other factors appropriate to a just and fair result and;

6. An Order is in the public interest.

Based on the foregoing, the Administrative Law Judge makes the following:

ORDER

Respondent shall pay to the City of West St. Paul a civil penalty of $500.00, plus costs of $100.00 payable within 30 days of this Order.

NOTICE

Pursuant to West St. Paul City Code § 120.15 and Minn. Stat. ch. 14, this Order is the final decision in this case. Any person aggrieved by this decision may seek judicial review pursuant to Minn. Stat. §§ 14.63 to 14.69.

Dated: August 20, 2009

s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge

Reported: Digitally Recorded