What is the name of your state (only U.S. law)? Des Moines, IA City Code
I received a sidewalk snow removal penalty from the city of Des Moines! Complete nonsense, but very hard to fight!. The fine is only $50, but it is completely bogus! I just have two questions: Received the notice of violation dated 3-2-10, told I had ten days from the issuance date to to request the administrative hearing. The administrative hearing "will be scheduled within 14 days of the receipt of this notice of appeal". I sent the appeal in on the 10th, received a letter on the 31st that was dated the 29th stating my appeal was filed in "a timely manner" (indicating that it was within the 10 days I had to appeal). They scheduled the 12th of April for my appeal. Here's my question: Did they follow their own rules? 14 days from the 12th is the 26th. I know I am splitting hairs, but so are they(!) and I received less time to respond than they gave themselves. I got a copy of my request from the city clerk, their copy says they received it on the 12th and filed it on the 15th. Can I go to the Administrative Hearing and ask that they can the whole thing? (with good results?) Otherwise how do I fight their obvious attempt at revenue enhancement, they gave tickets for sidewalks right and left this year. Please help! Please don't tell me to shovel the sidewalk, because it was! They have these sidewalk goons out writing tickets so they can fix the potholes. Anybody ever beat City Hall with their own rules?
I received a sidewalk snow removal penalty from the city of Des Moines! Complete nonsense, but very hard to fight!. The fine is only $50, but it is completely bogus! I just have two questions: Received the notice of violation dated 3-2-10, told I had ten days from the issuance date to to request the administrative hearing. The administrative hearing "will be scheduled within 14 days of the receipt of this notice of appeal". I sent the appeal in on the 10th, received a letter on the 31st that was dated the 29th stating my appeal was filed in "a timely manner" (indicating that it was within the 10 days I had to appeal). They scheduled the 12th of April for my appeal. Here's my question: Did they follow their own rules? 14 days from the 12th is the 26th. I know I am splitting hairs, but so are they(!) and I received less time to respond than they gave themselves. I got a copy of my request from the city clerk, their copy says they received it on the 12th and filed it on the 15th. Can I go to the Administrative Hearing and ask that they can the whole thing? (with good results?) Otherwise how do I fight their obvious attempt at revenue enhancement, they gave tickets for sidewalks right and left this year. Please help! Please don't tell me to shovel the sidewalk, because it was! They have these sidewalk goons out writing tickets so they can fix the potholes. Anybody ever beat City Hall with their own rules?
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