(A) Responsibility for enforcement. The Community Development Department shall be responsible for enforcing the provisions of this chapter.
(B) General inspections.
(1) Any member of the Community Development Department may enter upon land or inspect any structure to ensure compliance with the provisions of this chapter provided permission has been granted by one of the following:
(a) An owner of the property in question;
(b) A licensee of the business being inspected;
(c) A resident of a dwelling on the property being inspected; or
(d) Any other person in control of the premises.
(2)
If the owner, licensee, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the Community Development Department may petition a court of competent jurisdiction for a search warrant to authorize entrance to the property. Such a warrant shall only be used to determine whether the provisions of this chapter or related state statute are being complied with and to enforce this chapter or related state statute. No unrelated criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there is 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) 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.
(C) Complaints regarding violations. Any person may notify the Community Development Department of a suspected violation of this chapter. In registering a complaint, the complaining party shall state fully the cause and/or basis of the alleged violation. The identity of individuals registering complaints shall remain confidential as required by M.S. § 13.44, as it may be amended from time to time.
(D) Investigation of complaints. Upon learning there is a potential violation of this chapter, a member of the Community Development Department may conduct a general inspection to determine whether a violation of this chapter exists.
(E) Notice of violations.
(1) On finding that a violation of this chapter exists, the Community Development Department shall provide written notification of the violation to the owner of the property on which the violation exists and the person causing or maintaining the violation. The notification shall be delivered by personal service or by certified mail with a return receipt requested. The notice of violation shall:
(a) Describe the location and nature of the violation;
(b) State the actions necessary to abate the violation;
(c) Order that the violation be corrected within a specified reasonable time period not to exceed 30 days after receipt of the notice of violation;
(d) State what course of action is intended if the violation is not corrected with the specified time limit; and advise the alleged violator(s) of their right to appeal the notice of violation to the Board of Adjustment and Appeals in accordance with § 153.028(H).
(2) On receiving a written request for extension of the time limit for correction specified in the notice of violation, the Community Development Department may, for good cause shown, grant a single extension of the time for up to 30 days.
(3) If the owner of the property cannot be located or determined, the Community Development Department shall post a copy of the notice of violation on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.
(F) Application of penalties.
(1) On determining that the violator has failed to correct the violation by the time limit set forth in the notice of violation, or any granted extension thereof, or has failed to timely appeal the notice of violation, the Community Development Department shall take appropriate action, as provided in § 153.999, to correct and abate the violation and to ensure compliance with this chapter.
(2) Each day a violation continues is a separate offense.
(G) Emergency enforcement without notice. On determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Community Development Department may seek immediate enforcement without prior written notice by invoking any of the remedies or penalties listed in § 153.999.
(Ord. 799, passed 2-27-2023)