(A) Penalty not specified. Any person, firm, or corporation who violates any provision of this code 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 or Rules specifically adopted by reference, shall be a sentence of not more than 90 days in jail or a fine of not more than $1,000, or both.
(B) Petty misdemeanor. 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.
(C) Cost of prosecution. 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.
(D) Officer/employee of the city not in violation. 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.
(E) Additional proceedings. In addition to any penalties provided for in this section or in § 10.98, if any person, firm, or corporation fails to comply with any provision of this code, the Council, or any city official designated by it, may institute appropriate proceedings with a hearing before City Council, at law or at equity, to restrain, correct, or abate the violation.
(F) Issuance of citation for violation.
(1) Upon probable cause to believe that a violation has been committed and that the violator has committed the violation or is legally responsible for the commission of the violation or for allowing the condition constituting the violation to exist, an issuer is authorized to issue a citation, complying with the standards set forth below, to the violator.
(2) In the case of a violation which constitutes a property violation, the citation may, in addition, include a directive to eliminate the condition giving rise to the property violation.
(3) If reasonably practical, the issuer shall deliver the citation to the violator in person. If the violator is not present at the time that the citation is issued, cannot be reasonably contacted for the purpose of delivery of the citation, or refused to accept delivery of the citation, the issuer may deliver the citation to the violator by depositing it in the U.S. mail addressed to the violator at an address of public record for the violator, which may include but need not be limited to an address taken from area telephone directories, from records of the city assessor, from records of city-owned utilities or from other public sources. Delivery by such alternative means shall be deemed to be valid delivery and shall be deemed to be effective three days after the deposit of the citation in the U.S. mail.
(G) Permits. When any person initiates any work which requires a city permit of any type, but who has not procured the applicable permit prior to initiating said work, the city may impose a fee and penalty that is an amount equal to two times the fee required by the city’s fee schedule. No permit shall be finally approved, nor certificate of occupancy issued, if applicable, until the levied fees and penalty, if imposed, have been fully paid. This penalty shall be in addition to any other remedies available to the city.
(Ord. 2023-01, passed 7-11-2023)