4A - Ordinance Amendment Regarding Penalties for Land Use Violations

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COMMUNrry city°f G,Rovv rH Pequot _ INSTITUTE J .kes==- STAFF REPORT Application: Ordinance Amendment Regarding Penalties for Land Use Violations Applicant: City of Pequot Lakes Agenda Item:4(a) Background Information: The City Attorney and Police Chief have drafted an ordinance which makes a violation of the land use ordinance a misdemeanor and, upon conviction, punishable by a fine of not more than $1,000 and imprisonment of a term not to exceed 90 days, or both. The application was tabled last month for further review. The City Attorney has provided alternative language for the amendment in Bold lettering. Applicable Regulations:The underlined text is the proposed ordinance language. Section 17-12.1 VIOLATIONS AND PENALTIES 1. 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. 2. Any person who violates provision 17-12.1 in this code is guilty of a misdemeanor and/or upon conviction thereof maybe punished by a fine of not more than $1000.00 and imprisonment for a term not to exceed 90 days, or both. (a) Misdemeanor Defined. For purpose of this Code, the term "misdemeanor" means penal offense or crime, which the C^••^^il WitIft ir a fine-^ �new may result in the punishment of a fine and/or imprisonment, and a petty misdemeanor as defined by State law. 3. 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. Planning Commission Direction: The Planning Commission can recommend approval of the ordinance amendment, recommend denial of the ordinance amendment or table the amendment for further review. Pequot Lakes Staff Report 4(a)-1 October 17,2013