This chapter shall be administered and enforced by the Zoning Administrator. The Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator. That person shall record properly the complaint, immediately investigate and take action thereon as provided by this chapter.
(A) Enforcement procedure. For the enforcement of the provisions of the zoning regulations, the first zoning violation notice shall be sent by regular mail and the second notice will be sent by certified mail or return receipt requested to the property owner of which the violation is taking place. The zoning violation notice shall contain the following information:
(1) A description of the violation which is taking place;
(2) A picture (if possible) of the violation which is taking place;
(3) Location and/or address of the property at which the violation is taking place;
(4) Identification of the section of the zoning regulations which is being violated;
(5) Date the violation was discovered;
(6) Steps necessary to correct the violation; and
(7) Deadline in which the violation must be corrected, which is at the discretion of the Zoning Administrator, but which in no case may be longer than 30 days from the date the first notice is mailed.
(B) Correction of the zoning violation. Correction of the violation in the manner stipulated by the zoning notice violation, at any point during this enforcement process, shall deem the zoning violation notice null and void and enforcement activity shall cease.
(C) Failure to correct zoning violation; enforcement remedies. Failure to correct the zoning violation shall result in the city pursuing enforcement action following notification to the property owner, with the city having the authority to carry out the following enforcement remedies.
(1) Withhold permits. The city shall have the authority to withhold any permits or city approvals which are necessary until the violation is corrected to the city's satisfaction.
(2) Stop work order. The city shall have the authority to issue a stop work order on the subject violation.
(3) Abatement. The city shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice.
(4) Injunctive relief. The city shall have the authority to seek an injunction in court to stop any violation of this chapter.
(5) Civic remedies. The city shall have the authority to institute appropriate civil action to enforce the provisions of this chapter and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the court.
(6) Assessment. The city shall have the authority to use the provisions of M.S. § 429, as it may be amended from time to time, assess any charge against the property benefitted and any assessment shall, at the time at which taxes are certified to the County Auditor, be certified for collection in the manner that other special assessments are so certified.
(7) Criminal remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this chapter.
(8) Cumulative remedies. The powers and remedies of this section shall not be individually limited and are not exclusive. The powers and remedies of this section are cumulative and all power and remedies may apply, as well as any other remedies allowed under state law.
(Prior Code, § 11-3-9) (Ord. 258, passed 5-4-2006)