Chapter Number 30, City Officials

CHAPTER 30: CITY OFFICIALS

Section

General Provisions

30.01 City employment

30.02 Employees of good moral character

30.03 Casual employment or day labor

30.04 City Council Salaries

City Administrator

30.20 Office created

30.21 Appointment

30.22 Duties

30.23 Bond

Zoning Administrator

30.35 Creation

30.36 Appointment

30.37 Removal

30.38 Liability

Building Official

30.50 Office created

30.51 Appointment

30.52 Removal

30.53 Vacancy

30.54 Liability

30.55 Authority

30.56 Salary

30.57 Duties

GENERAL PROVISIONS

� 30.01 CITY EMPLOYMENT.

Employment with the City is herewith classified either as appointive or casual. Appointive employment shall include all employment on a monthly and half-monthly rate or basis while casual employment shall include all day labor or labor given on a day basis.

(Prior Code, � 4.01)

� 30.02 EMPLOYEES OF GOOD MORAL CHARACTER.

No person shall receive any appointive employment unless the person shall be a person of good moral character. The City Administrator shall solicit applications for all appointive employment positions.

(Prior Code, � 4.02)

� 30.03 CASUAL EMPLOYMENT OR DAY LABOR.

(A) Casual employment or day labor shall be given and distributed by the City Council as such Council deems expedient and to any persons selected for such employment by such Council.

(Prior Code, � 4.03)

(B) Casual labor shall be paid at the legal minimum wage unless otherwise expressly approved by the Council.

(Prior Code, � 4.04)

� 30.04 MAYOR AND CITY COUNCIL

(A) The salary of the Mayor of the City of Mountain Iron shall be the sum of $3,600.00 per year.

(B) The salary of each Councilmember of the City of Mountain Iron shall be the sum of $2,700.00 per year.

(Ord. 01-05, passed 1-18-2005)

CITY ADMINISTRATOR

� 30.20 OFFICE CREATED.

The office of the City Administrator is created in the City of Mountain Iron.

(Prior Code, � 1.01)

� 30.21 APPOINTMENT.

The Administrator shall be appointed by the City Council on the basis of his or her education, training, experience and administrative qualifications. The Administrator shall be appointed for an indefinite period of time and shall be paid for his or her services at such a salary as the Council from time to time may determine. The Administrator may be removed by the Council at any time; provided, however, that if the Administrator has served the City for a period of one year, he or she may demand written charges and a public hearing on the charges before the Council, prior to the date his or her removal is to take effect. Pending such hearing and removal, the Council may suspend him or her from his or her office. The Council may designate some qualified person to perform the duties of the Administrator during his or her absence or disability. If the Administrator is removed by the Council after one year of service, he or she will receive a separation allowance in an amount equal to one month�s salary.

(Prior Code, � 1.02)

� 30.22 DUTIES.

The City Administrator shall:

(A) Supervise the management and operation of the Department of Administration;

(B) Coordinate the administration of all City departments and divisions;

(C) Make ministerial decision affecting such departments, recommending procedures to the Council for adoption and make recommendations to the Council regarding the employment and/or dismissal of personnel;

(D) Develop and issue all administrative rules, regulations and procedures necessary to ensure the proper functioning of and coordination with all departments. Such rules, regulations and procedures shall be consistent with Minnesota Statutes, City ordinances and Council policy. Said rules, regulations and procedures shall be effective upon issuance and shall continue to be in effect until rescinded by the Administrator or by express action by the Council;

(E) Submit to the Council, at least 30 days prior to call by the County Auditor, a single, consolidated budget document which shall include statements relating to projected revenue and proposed sources of revenue and all proposed expenditures to be made and obligations to be incurred by the City in the forthcoming year;

(F) Be personnel officer for the City and shall be responsible for the implementation of the City Personnel Policy;

(G) Advise the Council on all matters pertaining to or affecting the operation of the City government and/or the City proper;

(H) Be responsible for the enforcement of all laws and ordinances within the City and whenever necessary shall make recommendations for changes, amendments or repeal of existing ordinances;

(I) Be directly responsible to the Council for the faithful and satisfactory performance of his or her duties. He or she shall attend all Council meetings, provided, however, that he or she shall not have the right to vote. He or she shall, likewise, perform such additional duties and attend such committee and commission meetings as the Council may direct;

(J) Represent the City at all official or semi-official functions as may be directed by the Council;

(K) Make all purchases and acquisitions to be made in the name of the City in accordance with the purchasing policy established by the City Council;

(L) Limit spending to budgeted items and it shall be remembered that the appropriation of money is not a directive or a permit to spend, unless the item is needed, the price is reasonable and revenues are available to finance the purchase. Should actual revenues decline below estimate levels, expenditures shall be reduced accordingly through the application of budgetary controls;

(M) Keep the Council advised as to the financial condition and needs of the City and shall advise and recommend to the Council on the investment of idle funds;

(N) Be responsible for the application of approved financial accounting procedures and methods employed within the Department of Administration and shall recommend accounting procedures to be adopted by all departments;

(O) Maintain all City accounts and develop all reports required by law or requested by the Council in accordance with the generally accounting procedures and in accordance with classifications prescribed by the State Auditor�s Office, wherever practicable;

(P) Performance of all other duties as required by state statutes, City ordinances or as the Council may so direct;

(Q) Be designated as the Clerk-Treasurer and shall assume all duties commensurate therewith as provided by Minnesota Statutes creating and defining and Optional "A" type of government.

(Prior Code, � 1.03)

� 30.23 BOND.

The Administrator shall be bonded at City expense, through a position bond, which will indemnify the City in an amount to be determined by resolution of the City Council.

(Prior Code, � 1.04)

ZONING ADMINISTRATOR

� 30.35 CREATION.

There is created the office of Zoning Administrator.

(Prior Code, � 2.01)

� 30.36 APPOINTMENT.

The Zoning Administrator shall be appointed by the City Council at such a salary as the Council may from time to time determine, and he or she shall possess the following minimum qualifications:

(A) Be a high school graduate;

(B) Posses knowledge of zoning requirements, enforcement and be able to interpret land use plat plans and specifications;

(C) Be able to communicate both orally and in writing;

(D) Be able to read and interpret property descriptions;

(E) Be able to investigate zoning appeals or violations;

(F) Be able to maintain effective communications and working relationships between various governmental agencies and with the general public.

(Prior Code, � 2.02)

� 30.37 REMOVAL.

The Zoning Administrator shall not be removed from office except for cause after full opportunity has been given him or her to be heard on specific charges. Nothing in this section shall be construed to limit or otherwise affect the authority of the State Building Inspector to dismiss or suspend the Zoning Administrator as provided for by law. During temporary absence or disability, the City Council shall designate an Acting Zoning Administrator.

(Prior Code, � 2.03)

� 30.38 LIABILITY.

The Zoning Administrator acting in good faith and without malice for the City in the discharge of his or her duties shall not thereby render himself or herself personally liable and is relieved for all personal liability for any damages that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Zoning Administrator or employee, because of such act or omission performed by him or her in good faith and without malice for the City in the discharge of his or her duties, shall be defended by the Legal Department of the City until final determination of the proceedings.

(Prior Code, � 2.04)

BUILDING OFFICIAL

� 30.50 OFFICE CREATED.

There is created the office of Building Official that will be one and the same as the office of Building Inspector as referred to in Title XV of this code.

(Prior Code, � 3.01)

� 30.51 APPOINTMENT.

The Building Official shall be appointed by the City Council and must possess the following minimum qualifications:

(A) Be a high school graduate plus a graduate of a trade school in the construction trades field or have at least four years experience in the building trades;

(B) Possess knowledge of design, construction standards, materials, methods and zoning requirements and enforcement, be able to interpret blueprints and plans and specifications;

(C) Be able to communicate orally and in writing;

(D) Be able to attain Certified Building Official status under state regulations within one year of appointment;

(E) Be able to investigate appeals or violations;

(F) Be able to maintain effective communications and working relationships between various governmental agencies and with the general public.

(Prior Code, � 3.02)

� 30.52 REMOVAL.

The Building Official shall not be removed from office except for cause after full opportunity has been given him or her to be heard on specific charges. Nothing in this section shall be construed to limit or otherwise affect the authority of State Building Inspector to dismiss or suspend the Building Official as provided for by law. During temporary absence or disability, the City Council shall designate an Acting Building Official.

(Prior Code, � 3.03)

� 30.53 VACANCY.

In the event that a certified building official vacates his or her position, the City Council shall appoint a certified building official to fill the vacancy as soon as possible. If the City Council fails to appoint a certified building official within 90 days of the occurrence of the vacancy, the State Building Inspector may make such appointment or provide state employees to serve said function as provided by law.

(Prior Code, � 3.04)

� 30.54 LIABILITY.

The Building Official acting in good faith and without malice for the City in the discharge of his or her duties shall not thereby render himself or herself personally liable and is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee, because of such act or omission performed by him or her in good faith and without malice for the City in the discharge of his or her duties, shall be defended by the Legal Department of the City until final determination of the proceedings.

(Prior Code, � 3.05)

� 30.55 AUTHORITY.

The Building Official in the discharge of his or her official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour during the construction. If permission to enter is denied by the occupant, the Building Official shall contact the City Attorney in order to obtain a court order to enter the building.

(Prior Code, � 3.06)

� 30.56 SALARY.

The Building Official shall be paid a salary as the City Council may from time to time determine.

(Prior Code, � 3.07)

� 30.57 DUTIES.

The Building Official shall:

(A) Report to the City Administrator, Planning and Zoning Commission and the City Council;

(B) Conduct inspections that will insure that all buildings constructed in the City are built consistent with the Minnesota State Building Code and that all construction is carried out for safety, comfort and convenience of occupants;

(C) Conduct building inspections on all types of building structures to assure that structures are built consistent with official building codes, take immediate action to correct violations, advise contractors and architects on most appropriate method to correct deficiencies and review corrective action taken by the contractors to insure that violations have been corrected in the time frame established;

(D) Review plans and specifications for new structures to be aware of unique construction practices or materials that need special attention and annotate corrections on plans in accordance with City and state standards;

(E) Review permit and permit applications to insure that they reflect work to be done and take action to correct permits and modify fees where the work being done is not consistent with that defined in such permit or in the codes;

(F) Review new or substitute materials used in building construction and make recommendations for their acceptance or rejection;

(G) Maintain an effective working relationship with contractors to insure a positive response and desire for conformance with codes;

(H) Keep abreast of new equipment, materials and construction practices, as well as new and changes in existing codes to insure thorough understanding of building industry and effective and fair administration of codes;

(I) Issue tags where violations persist in construction or advise the City Administrator and City Attorney of violations;

(J) Advise other departments or personnel on the desirability of condemning structures;

(K) Make and keep records of all permits and report same to the City Administrator, Planning and Zoning Commission and City Council.

(Prior Code, � 3.08)