(A) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(1) Any person, firm or corporation who violates any provision of this chapter 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 chapter, 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.
(2) 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 offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
(3) Pursuant to M.S. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(4) 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.
(5) 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 Council or any city official designated by it may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
(B) Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation. The actions may include, but are not limited to:
(1) In responding to a suspected section violation, the city may utilize the full array of enforcement actions available to it including, but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the violating party. The city will act in good faith to enforce its official controls and to correct section violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2) When a section violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the city code. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources’ and the FEMA Regional Office along with the city’s plan of action to correct the violation to the degree possible.
(C) The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other provisions of the city code and the nature and extent of the suspected violation of these provisions. If the structure or use is under construction or development, then the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Zoning Administrator may either:
(1) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the city code; or
(2) Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
(D) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(Prior Code, § 530.23) (Ord. 2012-05, passed 3-7-2012)