OAH 16-6077-20914-3

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE CITY OF WEST ST. PAUL

 

In the Matter of the Civil Penalty Assessed Against:

 

931 Smith Avenue South

West St. Paul, MN 55118

 

Issued to:

 

Keith J. Pederson,

 

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, November 19, 2009, at 600 North Robert Street, St. Paul, Minnesota.  The City of West St. Paul was represented by Assistant City Manager Susanna Wilson and Sheen Shonjai Yang, Code Enforcement Officer.  The Respondent was represented by  Self  Attorney.

 

FINDINGS OF FACT

 

The Respondent has been issued the following charge(s) for which he received proper notice: citation number 20090027-1, issued on September 1, 2009 for violation of West St. Paul City Code 435.  Unlicensed Rental Property.  Renting the property at 931 Smith Avenue South without a rental license.

 

          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 September 1, 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 not licensed on September 1, 2009 when he was required to.

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 $350.00, 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: November 19, 2009

 

                                                                      s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge

Reported:  Digitally Recorded