(A) Violations.
(1) In the event of a violation or a threatened violation of this chapter, the County Board, or any member thereof, in addition to other remedies, may request the County Attorney to institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations, or threatened violations.
(2) Any taxpayer or taxpayers of the county may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials of any duty required by this chapter.
(3) Any person, firm, corporation or other entity who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine and/or by imprisonment as set forth in M.S. § 609.03, as it may be amended from time to time. Each day that a violation continues shall constitute a separate offense.
(4) Any person, firm, corporation or other entity who aids, abets, counsels or assists another in the commission of any of the acts prescribed in division (A)(3) above, whether acting as an employee, servant, agent or otherwise, shall be guilty of a misdemeanor. Any property owner who permits any person, firm, corporation or other entity to commit any of the acts prescribed in division (A)(3) above shall be guilty of a misdemeanor.
(5) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall investigate the situation and document the nature and extent of the violation of the official control. In the case of violations of the Floodplain Overlay District (§ 155.056 of this chapter), as soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources’ and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.
(6) The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted. If the construction or development is already completed, then the Zoning Administrator may either:
(a) 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 official controls; or
(b) 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.
(7) It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure unless the use of the building or land conforms to the requirements of this chapter.
(8) All permits, variances, interim use permits, and conditional use permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.
(9) Applications for any permit may be denied by the Zoning Administrator if the land upon which the permit application is made is subject to any of the following conditions:
(a) A non-conforming sewage treatment or disposal system exists on the property; this requirement is mandated in shoreland areas;
(b) The property is part of a subdivision or conveyance which does not comply with the provisions of this chapter or Ch. 154 of this code of ordinances; or
(c) A nuisance, as specified within § 155.088 of this chapter, exists on the property.
(10) The Zoning Administrator shall provide the applicant with a written statement setting forth with reasons for said denial and the actions necessary to correct the problem. The applicant may appeal said denial to the Board of Adjustment.
(B) Recording conveyances.
(1) A copy of all instruments which convey real estate where the land lies within the jurisdiction of this chapter shall be submitted by the County Recorder to the Zoning Administrator for review after recording pursuant to M.S. § 394.37, subd. 1, as it may be amended from time to time. The following conveyances need not, however, be submitted.
(a) The re-conveyance of a lot of record, as defined herein.
(b) The conveyance of any tract which does not involve or result in the subdivision of any existing tract.
(2) The Zoning Administrator shall examine those instruments of conveyance submitted by the County Recorder to determine whether the conveyance complies with this chapter. If the conveyance does not comply with this chapter, the Zoning Administrator shall notify the parties to the conveyance of the violation or potential violation and may institute appropriate action to enforce compliance. Failure of the Zoning Administrator to provide such notice shall not be construed to indicate approval of any conveyance.
(C) Application to county personnel. The failure of any officer or employee of the county to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.
(Ord. 23-1, passed 5-2-2023)