§ 429.06. Penalties for Violation.  


Latest version.
  • Subdivision 1. Violation of the provisions of these regulations or failure to comply with any of its requirements shall constitute a misdemeanor and shall be punishable as defined by law.

    Subd. 2. Notice of Violation. When the City determines that an activity is not being carried out in accordance with the requirements of this Section, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

    a.

    The name and address of the owner or Applicant,

    b.

    The address when available or a description of the land upon which the violation is occurring,

    c.

    A statement specifying the nature of the violation,

    d.

    A description of the remedial measures necessary to bring the development activity into compliance with this Section and a time schedule for the completion of such remedial action,

    e.

    At statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, and

    f.

    A statement that the determination of violation may be appealed to the City Engineer by filing a written notice of appeal within 15 days of services notice of violation.

    Subd. 3. Stop Work Order. Persons receiving a stop work order will be required to halt all construction activities immediately. This Stop Work Order will be in effect until the City confirms that the Land Disturbance Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Section.

    Subd. 4. Civil or Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Section shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

    Subd. 5. Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county.

    Subd. 6. Appeals. Any person aggrieved by the action of any official charged with the enforcement of this Section, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce this Section in regard to a specific application, shall have the right to appeal the action to the City Engineer.

    a.

    The Applicant shall submit the appeal in writing and include supporting documentation.

    b.

    City staff shall make a decision on the appeal within 15 business days of receipt of a complete appeal application.

    c.

    The Applicant may appeal the decision of city staff to the City Manager This appeal must be filed with the City Manager within 30 days of City staff's decision.

(Added, Bill No. 2015-11)