3C - Ordinance Amendment Governing Administrative Fines and Violations

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A -S L ,A-N-,,, D,ATTORNEYS AT LAW 30849 F1RsT STRFr:r PAUL J.SANOLLIN P.O.BOX 298 TELEPHONE 278 568-8481 STACYM.JOHNSON PEQuorr .AKFS,MrNNEsoTA 56472 FAX 218;568-8444 wwwlakesarealaw corn February 20,2007 VIA EMAIL dbittner(a-pequotlakes-rnn.xov Dawn Bittner City of Pequot Lakes 4638 County Road 11 Pequot Lakes,MN 56472 Re: Amendments to Enforcement Section of Land Use Ordinance File No. 25000.035 Dear Dawn: I reviewed the information you forwarded to me in your memo dated January 24, 2007. Regarding the policy for issuance of Administrative Fines for zoning offences the following are my comments: • Regarding the service of the Notice of Violation the City may consider serving by certified mail first and then if the property owner does not accept the certified mail then the City may proceed with personal service through the Police Department. • State Law requires that the City adopt the fee schedule by ordinance so the City should identify in the Ordinance that there is a fee schedule and refer to the resolution in the Ordinance. The fee schedule resolution should be reviewed and updated annually if necessary. Regarding the amendment to section 12.1 of that Land Use Ordinance the following is my suggested language for that ordinance: "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 name/number) 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