(A) General.
(1) Collection of fees. The issuance of permits and the collection of fees shall be as authorized in M.S. § 326B.121, as it may be amended from time to time. Fees for permits under this subchapter, which may include a surcharge in accordance with M.S. § 326B.140, as it may be amended from time to time, shall be determined by the Council and fixed by its resolution, a copy of which shall be in the office of the administrative authority (Building/Zoning Official) and uniformly enforced.
(2) Fee doubled. If any construction requiring a permit by provision of the State Building Code or city code is undertaken without first obtaining a building permit, the permit fee shall be double the amount it would have been if granted prior to the commencement of construction.
(3) Authorization to refund fee. The Building/Zoning Official or designee may authorize refunding of any fee paid which was erroneously paid or collected. The Building/Zoning Official or designee may authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with the code. The Building/Zoning Official or designee may authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building/Zoning Official or designee shall not authorize refunding of any fee paid, except on written application filed by the original applicant not later than 180 days after the date of fee payment.
(Prior Code, § 4.03)
(B) Completion time.
(1) Cancellation of building permit. Any single-family residence and/or accessory structure for which a building permit has been issued shall be completed and ready for occupancy according to the approved plans and specifications within one year following the issuance of the building permit and, if not so completed, the building permit shall automatically cancel. All work must be pursued in a reasonable and timely manner to its ultimate completion. A building permit shall automatically cancel if for any reason work is not commenced within 180 days of the date of issuing the building permit or if work is substantially stopped for a period of 180 days, prior to the cancellation, an extension may be granted by the Building/Zoning Official upon good cause shown by the applicant for the extension. If the Building/Zoning Official believes that work is not being pursued in a reasonable and timely manner, he or she shall notify the applicant of the deficiency and establish a reasonable period during which all construction must be completed. If work is not commenced within 15 days after receipt of the notice or construction is not completed by the time so established, the Building/Zoning Official may cancel the building permit and so notify the applicant. Thereafter, no work may be commenced until a new building permit is applied for and granted conditioned upon an approved timetable for completion.
(2) “Completion” defined. The term COMPLETED, as used in division (B)(1) above, shall mean and include:
(a) Completion of all visible exterior construction;
(b) Painting, staining or other exterior finishing;
(c) Finishing of driveways and walks;
(d) Removal of construction materials, equipment, debris and excess earth;
(e) Placement of top soil, finish grading and sodding or seeding of all lawn areas; and
(f) Finish grading of any swales within established drainage easements necessary to accommodate natural drainage of adjacent properties.
(3) Stop orders. Whenever any work is being done contrary to the provisions of the city code or any other valid regulation, the Building/Zoning Official, Building/Zoning Administrator or City Administrator or his or her designee, may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done, and any persons shall forthwith stop the work until authorized by the Building/Zoning Official to proceed with the work.
(4) Occupancy violations.
(a) Whenever any portion of a building or structure, or equipment therein, or land regulated by this code is being used contrary to the provisions of the city code, the Building/Zoning Official, Building/Zoning Administrator or City Administrator, or his or her designee, may order the use discontinued and the structure, or portion thereof, vacated by notice served on any person causing the use to be continued. The person shall discontinue the use within the time prescribed by the city after receipt of the notice.
(b) Prior to reuse of the building or structure, or equipment thereon, or land, the use must comply with the requirements of the city code.
(Prior Code, § 4.031) (Ord. 118, Third Series, effective 12-12-1991; Ord. 295, Third Series, effective 4-24-2008)