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(1) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it when publication is required to give effect to it, unless otherwise expressly provided.
(2) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(3) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
The repeal of prior ordinances and adoption of this code are not to be construed to affect in any manner rights and liabilities existing at the time of repeal and the enactment of this code. Insofar as provisions in this code are substantially the same as preexisting ordinances, they shall be considered as continuations thereof and not as new enactments. Any act done, offense committed or right accruing or liability, penalty, forfeiture or punishment incurred or assessed prior to the effective date of this code is not affected by the enactment of this code.
(1) The definitions and rules of construction, presumptions and miscellaneous provisions pertaining to construction contained in M.S. Ch. 645, as it may be amended from time to time, are adopted by reference and made a part of this code. As so adopted, references in that chapter to laws and statutes mean provisions of this code and references to the legislature mean the Council.
(2) Any amendments to a rule or statute adopted by reference in the city code shall be included by reference in the code as if the amended statute or rule had been in existence at the time the code was adopted, unless there is a clear intention expressed in the code to the contrary.
(1) General. Unless otherwise provided in this code or by law, every public hearing required by law, ordinance or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.
(2) Notice. Every hearing shall be preceded by ten days mailed notice to all persons entitled thereto by law, ordinance or resolution unless only published notice is required. The notice shall state the time, place and purpose of the hearing. Failure to give the notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subdivision.
(3) Conduct of hearing. At the hearing, each party in interest shall have an opportunity to be heard and to present evidence as is relevant to the proceeding. The Council may adopt rules governing the conduct of hearings, records to be made and any other matters as it deems necessary.
(4) Record. Upon the disposition of any matter after hearing, the Council shall have prepared a written summary of its findings and decisions and enter the summary in the official Council minutes.
(1) The City Administrator and any city official or employee designated by this code who has the responsibility to perform a duty under this code may, with the permission of a licensee of a business or owner of any property or resident of a dwelling or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.
(2) If the licensee, owner, resident or other person in control of any premises objects to the inspection of or entrance to the property, the City Administrator, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(3) Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Administrator or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Administrator to object to the termination before it occurs, subject to appeal of the Administrator's decision to the City Council at a regularly scheduled or special meeting.
(4) Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.
(1) Petty misdemeanor offenses. Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor, shall, upon conviction, be guilty of a petty misdemeanor. The penalty which may be imposed for any petty misdemeanor offense shall be a sentence of a fine of not more than $300.
(2) General misdemeanor offenses. Any person, firm or corporation who violates any provision of this code or any rule or regulation adopted in pursuance thereof, for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.
(3) Costs of prosecution. In either the case of a petty misdemeanor or a misdemeanor, the costs of prosecution may be added.
(4) Separate violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitute a separate offense.
(5) Application to city personnel. The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for the failure.
(6) Additional remedies. In addition to any penalties provided for in this section, if any person, firm or corporation fails to comply with any provision of this code, the city or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.