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ORDINANCE NUMBER 07-04 AN ORDINANCE AMENDING SECTION 3.2 DEFINITIONS AND SECTION 12.1 VIOLATIONS AND PENALTIES OF THE ZONING ORDINANCE The City Council of the City of Pequot Lakes does ordain as follows: Section 1. Purpose and Intent: The purpose and intent of this ordinance is to amend Section 3.2 Definitions and Section 12.1 Violations and Penalties of the Zoning Ordinance. Section 2. Amendment: Section 3.2 Definitions shall be amended to read s follows: 158 Nuisance. By authority and direction of Minnesota Statute, 1980, Section 412.221, Subdivision 23 and 24; nuisance is anything that interferes with the use or enjoyment of property, endangers personal health or public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact and other similar interferences or offenses. Section 3. Amendment: Section 12.1 Violations and Penalties shall be amended to read as follows: Violation of any provision of this Ordinance shall be considered either an administrative offense subject to an administrative fine or a penal offense and subject to penalties thereof pursuant to Minnesota Statute Sections 412.231 and 462.362. Each violation shall be subject to an administrative fine set forth in Ordinance (insert ordinance number/name) or a criminal offense subject to the issuance of a citation and may include the additional cost of prosecution. Criminal violations or penal offenses shall be subject to a fine not more than $1,000.00 or imprisonment for a term not to exceed 90 days or both, but in either case the costs of prosecution may be added. Each act of violation in every calendar day upon which said violation occurs or continues maybe considered a separate offense. In all cases where the City is reviewing, investigating or administering a land use application for purposes of enforcing compliance with this ordinance, the offending party, real estate owner and/or permit holder, shall be required to reimburse the City for the City's fees and costs associated with enforcing compliance with this ordinance. Fees and costs include but are not limited to attorney's fees, engineering fees, consultant fees and other professional services deemed necessary by the City. The City also reserves the right to record a lien against the real estate that is the subject of a land use enforcement action pursuant to Section 514.67 of the Minnesota Statutes, for any of the aforementioned unpaid fees and services.