Title
Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by Brothers Sales, Inc., d/b/a Brothers Auto Sales, Inc., 1161 University Avenue West.
Summary
The licensee was sent a Notice of Violation on April 18, 2011. The notice stated that the licensee had violated license condition #7 by not removing a vehicle that was parked in the public right-of-way. This was considered a third violation of his license conditions, so per Saint Paul Legislative Code Section 310.05 (m) (1) the Department of Safety and Inspections recommended a $2,000.00 penalty and a ten (10) day suspension of his licenses.
Licensee requested an administrative hearing which was held on May 18, 2011. The Administrative Law Judge (ALJ) submitted her Findings of Fact, Conclusions and Recommendation on June 2, 2011. The ALJ found that the City had demonstrated by a preponderance of the evidence that the licensee failed to comply with condition #7 of the license. The ALJ also found that the City's recommended closure for ten (10) days and imposition of a $2,000.00 fine is consistent with the penalty matrix.
A public hearing to discuss the ALJ's report was then scheduled for July 6, 2011.
Staff Recommendation
Imposition of ten (10) day closure and $2,000.00 maxtrix penalty.