(A) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining from the city any permits required by the Minnesota State Building Code. The applicant is responsible for determining that the proposed structure is located solely upon applicant’s property. Issuance of a building permit is not a guarantee that the building or structure is located on the applicant’s property.
(B) An application for a building permit for the following types of structures must be accompanied by a certificate of survey:
(1) A new principal building.
(2) Any new structure or expanded existing structure to be located in the side yard of a parcel.
(3) Detached accessory building.
(C) (1) An application for a building permit for the following types of structures must be accompanied by reliable evidence that the applicant has correctly determined the property line and that the new structure or expanded existing structure will be placed upon applicant’s property in compliance with setback and easement requirements:
(a) A new or expansion of an existing attachment or addition to principal building that extends further into the back yard or front yard.
(b) A fence.
(c) A retaining wall.
(2) “Reliable evidence” that the building or structure will be placed on applicant’s property may include a written statement by the abutting property owner agreeing to the location of the building or structure, provided the written statement is recorded against both parcels at the Scott County Recorder’s Office.
(D) An application for a building permit for replacement of an existing attachment or addition to a principal building does not need a certificate of survey as long as the resulting structure does not extend any further out into the yard than the existing structure.
(E) A certificate of survey must contain the following:
(1) Dimension of lot or parcel;
(2) North arrow;
(3) Property address;
(4) Location of all recorded easements, both public and private;
(5) Location of proposed structure;
(6) Location of existing structures on property;
(7) Location of driveway;
(8) Proposed direction of surface water drainage;
(9) Grade elevations at each lot corner, each corner of proposed building and top of foundation and garage floor.
(F) Failure to accurately and correctly describe the location of the new or expanded structure and its distance from a city easement or setback is a violation of this code and in addition to being subject to penalties of § 10.99, the illegally placed structure may have to be removed at applicant’s expense.
(G) (1) If the city staff determines a person has violated this section, the City Administrator shall notify the owner and/or the person believed to be responsible for the violation of the imposition of an administrative penalty in the amount set by Council for each day thereafter that the violation remains, as a separate offense shall be deemed committed upon each day during which a violation occurs or continues. The written notice shall inform the recipient of his or her right to appeal an administrative penalty under division (G)(2) below. The notice may be served personally or by certified mail, return receipt requested, to the most recent address on file of the property owner and/or person believed to be responsible for the violation.
(2) A person notified of the imposition of an administrative penalty pursuant to division (G)(1) above may request a hearing before the City Council by submitting a notice of appeal to the City Administrator within 20 days of receipt of written notice of administrative penalty. Following a timely receipt of a written notice of appeal, the person shall be afforded an opportunity for a hearing before the City Council. The City Council may affirm, adjust, or waive the administrative penalty. The administrative penalty shall be effective beginning on the date the property owner and/or person believed to be responsible for the violation receipt of the written notification from the City Administrator and continuing until violation is eliminated/resolved to the city’s satisfaction, unless adjusted or waived by City Council at the conclusion of an appeal.
(3) If after the City Administrator has provided written notice of the imposition of an administrative penalty and the appeal period has expired or the administrative penalty was either affirmed or adjusted by the City Council at the conclusion of a timely appeal, and the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected the later of 30 days after the expiration of the time to request an appeal hearing or after the date of the appeal hearing, the city, through its Attorney, may bring criminal charges in accordance with state law and this Code. Likewise, the city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by Council resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation. Any person violating this section may be charged with a misdemeanor. A separate misdemeanor shall be deemed to have been committed upon each day during which a violation of the Code occurs or continues.
(4) Failure to accurately and correctly describe the location of a new or expanded structure and its distance from a city easement or setback is a violation of this Code and in addition to being subject to administrative penalties and possible criminal prosecution set forth herein, the illegally placed structure may have to removed at the applicant’s expense.
(Prior Code, § 4.03) (Ordinance No. 27, 2nd Series; Am. Ord. 2008-008, passed 12-15-2008; Am. Ord. 2021-11, passed 9-20-2021) Penalty, see § 150.999