3C - Ordinance Amendment Governing Administrative Fines and Violations

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Ordinance Amendment Proposal: Based on previous discussions and recommendation by the City Attorney, the Staff proposes the following amendments to Section 3.2, Rules and Definitions(deletions are stricken): 158 Nuisance. By authority and direction of Minnesota Statute, 198o, Section 412.221, Subdivision 23 and 24; ,a& See ', S..ba: 8; ~a Sect „a Wig, 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. In addition, based on recommendation by the City Attorney, the Staff proposes the following amendment to Section 12.1 Violations and Penalties (the following paragraph shall be replaced entirely with the paragraphs in bold print): The violation of any provision of this ordinance or the violation of the conditions or provisions of any permit issued pursuant to the Ordinance shall be a misdemeanor, and upon conviction thereof, the violation shall be subject to a fine designated on the fee schedule or imprisonment for a term not to exceed 90 days or both. Each act of violation and every calendar day on which such violation occurs or continues shall be a separate offense. 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"bre 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. Planning Commission Direction: The Planning Commission may choose to recommend that the City Council approve or deny the proposed Ordinance amendment. As this is a public hearing, the public should be heard on this matter. The Planning Commission may choose to make further changes to the proposed amendment as part of their recommendation. City of Pequot Lakes Staff Report 3-2 March 15,2007