06.01 - Req for Appeal-Dog Boarding-Public Hearing

Home Browse Search

Section 17 -12.1 VIOLATIONS AND PENALTIES Violation of any provision of this Chapter shall be considered either an administrative offense subject to an administrative fine, a criminal offense; or a civil offense subject to enforcement through civil remedies. Each act of violation in every calendar day upon which said violation occurs or continues may be considered a separate offense. In all cases where the City reviewing, investigating, or administering a land use application for purposes of enforcing compliance with this Chapter, the offending party, real estate owner, and /or permit holder shall be required jointly and severally to reimburse the City for the City's fees and costs associated with enforcing compliance with this Chapter. 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 real estate that is the subject of a land use enforcement action pursuant to Section 514.67 of Minnesota Statutes, for any of the aforementioned unpaid fees and services. Section 17 -12.3 EQUITABLE RELIEF In the event of a violation or threatened violation of any provision of this Chapter the conditions of any permit issued pursuant to the ordinance, the City, in addition to other remedies, may act or institute action to prevent, restrain, correct, or abate such violation or threatened violation. ARTICLE 13. SEPARABILITY, SUPREMACY, EFFECTUATION, AMENDMENTS, NOTICES Section 17 -13.1 SEPARABILITY Every section, provision or part of this Chapter or any permit issued pursuant to this Chapter is declared separable from every other section, provision or part thereof to the extent that if any section, provision or part of this Chapter or any permit issued pursuant to this Chapter shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. Section 17 -13.2 SUPREMACY When any condition implied by this Chapter on the use of land or buildings is more restrictive or less restrictive than applicable conditions imposed by statute, rules and regulations, other City ordinance or regulation or other jurisdiction, the more restrictive shall apply. This Chapter does not abrogate any easements, restriction or covenants imposed on the land by private declaration or agreement, but where such provisions are less restrictive than an applicable of this Chapter, this Chapter shall prevail. Section 17 -13.4 AMENDMENT The City Council may adopt amendments pursuant to Minn. Stat. §462.357, as amended, to either the Zoning Chapter, Zoning Map or Overlay Maps in relation to the land uses within a District or the boundaries of the District(s). Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals of the community or changes in the conditions of the City. 1. Procedure. A. An amendment may be initiated by the Council, the Planning Commission or by a petition of affected property owner. B. The Zoning Administrator shall review the proposed changes and make a recommendation to the Planning Commission. C. The Planning Commission shall make a reasonable attempt to cause all property owners within a minimum of 350 feet of proposed Zoning District change to be notified by regular mail and shall publish a hearing notice for either a Zoning District change or Zoning Ordinance change in the legal section of the official newspaper and shall provide notice to the DNR at least 10 days ahead of the public hearing. The Planning Commission shall hold the hearing and make a timely recommendation to the City Council. Adoption of a new Zoning map shall require published notice only. The Planning Commission shall consider the criteria for land use categories, in its decision. Comment: Minimum of 350 feet as opposed to the P &Z notice indicating within 350 feet Page 19 of 20