This Appendix E shall be administered and enforced by the zoning administrator who is appointed by the city manager. The zoning administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. The zoning administrator's duties shall include, but not be limited to, the following:

(1)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Appendix E.

(2)

Notify, in writing, any person responsible for violating a provision of this Appendix E, indicating the nature of the violation and ordering the action necessary to correct it.

(3)

Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Appendix E to insure compliance with or to prevent violation of its provisions, including cooperation with the city attorney in the prosecution of complaints.

(4)

Maintain permanent and current records of this Appendix E, including all maps, amendments, conditional uses and variances.

(5)

Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to insure a continuous compliance with the provisions of this Appendix E and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

(6)

Receive, file and forward as applicable to the board of zoning adjustments and appeals, planning commission, or city council all applications for conditional use permits, variances, interim use permits, administrative permits, amendments, or site plans as required herein.

(Ord. No. 517, § 1, 10-20-2014)

The fees to be paid for each application for zoning amendments, conditional use permits, interim use permits, variances, appeals, administrative permits, design guideline review, site plan, or other approvals required in this Appendix E, shall be in the amount prescribed by the then current city fee schedule provisions as adopted by resolution of the city council from time to time. fees shall be payable at the time applications are filed with the zoning administrator and are not refundable. There shall be no fee in the case of applications filed in the public interest by the city council or by the planning commission.

(1)

Permit charges. No person shall be issued a permit pursuant to this Appendix E by the city until each applicant shall have paid to the zoning administrator the fixed and additional costs incurred by the city in reviewing the application as provided in this Appendix E.

(2)

Fixed administrative costs. Each applicant shall be charged the fixed fee specifically provided in this Appendix E or other provisions of the Code as required to cover the costs incurred by the city in administrative processing, reviewing and issuing, if granted, each of the above permits.

(3)

Variable additional costs. Each applicant shall be charged an amount equal to the additional costs incurred by the city in processing and reviewing, each application for each of the above permits, including, but not limited to, engineering, legal, and planning consultant costs.

(4)

Initial payment. At the time of making application for each of the above permits, each applicant shall pay the fixed fee as described in subsection 10-2(2) above, plus a deposit for the costs described in subsection 10-2(3) above, which shall equal the zoning administrator's estimate of the additional costs the city will incur in processing and reviewing the applicant's particular permit application if such an estimate can be made. During the course of the application, the Zoning Administrator may require that additional deposits be made before any further processing of the application by the city.

(5)

Payment of costs. If no estimate of costs can be made by the zoning administrator, the applicant shall receive a monthly statement of costs incurred by the city which shall be payable 15 days after receipt by the applicant. Failure to pay such costs shall result in a suspension of action on the application or invalidation of the permit if issued. If a payment of estimated costs has been made, such payment shall be a credit against such statements until the sum is exhausted in which event the excess shall be due upon receipt of the statement. Any unused portion of the deposit shall be refunded upon final action on the application. No action on permits shall be taken and no permits shall be issued until an applicant shall make payment in full of costs billed to him or until applicant has deposited the estimate of the additional costs by the city.

(6)

Unpaid costs. The city council shall certify all unpaid costs described in subsection 10-2(3) above to the Hennepin County Auditor who shall enter them upon the tax records as a lien upon such land to be collected in the same manner as other real estate taxes are collected.

(Ord. No. 517, § 1, 10-20-2014)

The building official of the city shall not issue a building permit to any property, building, or structure until all of the required procedural requirements of this Appendix E have been satisfied.

(Ord. No. 517, § 1, 10-20-2014)

(a)

Initial survey. Every application for building permit shall be accompanied by a certified site survey per the requirements of section 9-7 of this Code.

(b)

Architectural elevations. Every application for a building permit shall be accompanied by architectural elevations of the proposed structure in relation to structures on adjacent properties.

(c)

As-built survey. The zoning administrator may require an as-built survey when necessary to verify compliance with this Appendix E and/or other applicable permits.

(Ord. No. 517, § 1, 10-20-2014; Ord. No. 604, § 4, 8-19-2019)

(a)

Application. No structure hereafter erected or moved, or that portion of an existing structure erected or moved shall be occupied or reoccupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the zoning administrator stating that the structure complies with all of the provisions of this Appendix E. No parcel of land unoccupied by a building or structure shall be utilized for a use until a certificate of occupancy has been issued by the zoning administrator stating that the proposed use of the land complies with all of the provisions within this Appendix E.

(b)

Request for certificates. Said certificate shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the zoning administrator shall have found the building structure or land use satisfactory.

(Ord. No. 517, § 1, 10-20-2014)

A construction management plan shall be required for all unoccupied new single- or two-family construction or major remodeling projects.

(a)

Purpose. Both the demolition of single- or two-family dwelling units and the construction of new dwelling units and major remodeling projects can disrupt the quietude of the neighborhood, damage adjacent public and private property, create stormwater and erosion problems, and result in littering and other nuisances. The purpose of this article is to prevent problems associated with the demolition of single- and two-family dwelling units and the construction of new buildings or major remodels.

(b)

Escrow. The applicant must furnish the city a cash escrow of $2,000.00 prior to issuance of a building permit. The city may draw on the cash escrow to pay the costs it incurs in connection with the project (e.g. repair of damage to public property or to remedy permit violations). The city shall determine all of its costs, including both administrative and consulting services, at the rates normally charged by the city or its consultants determined according to city standards. If the city draws on the cash escrow, upon the city's demand the permit holder must deposit in escrow additional funds to restore the escrowed amount to $2,000.00. The cash escrow must remain in place until the work under the permit for which the escrow was made has been completed.

(Ord. No. 582, § 1, 11-5-2018)

(c)

Street impact fee. Due to the impact of vehicles used to transport equipment, materials, supplies or debris to or from a construction site, the city shall charge a street impact fee of an amount set by resolution.

(Ord. No. 616, § 1, 11-2-2020)

(d)

Neighbor notification and contact information. Prior to issuance of a building permit, staff will notify all property owners within 350 feet of the project site notifying the property owners of the proposed project, building time frame, building plans, and if applicable, demolition. A sign must also be posted on the project site at least five days prior to issuance of a building permit identifying the permit holder, a contact name and phone number, site address, city phone number, and construction hours. The dimension of the sign must be between five and six square feet. The sign and the content of the sign must be visible from the street. The sign must be kept in place until the completion of the project.

(Ord. No. 580, § 3, 5-2-2018; Ord. No. 582, § 1, 11-5-2018; Ord. No. 595, § 1, 4-23-2019)

(e)

Stormwater and erosion control. The applicant must submit stormwater and erosion control plans prepared and signed by a professional engineer licensed by the State of Minnesota. The plans must be approved by the City Engineer and the permit holder must adhere to the approved plans. The stormwater management plan must detail how stormwater will be controlled to prevent damage to adjacent property and adverse impacts to the public stormwater drainage system. The erosion control plan must document how proper erosion and sediment control will be maintained on a continual basis to contain on-site erosion and protect on and off-site vegetation. Permit holder must protect all downstream storm drain inlets with sediment capture devices, and have properly installed and maintained perimeter sediment protection devices entirely encompassing construction areas at all times during the project when soil disturbing activities may result in sediment laden storm water runoff entering the inlet or otherwise leaving the site.

(f)

Deliveries and idling of vehicles, generators and other equipment. Deliveries of equipment and material to site and the operation of equipment, construction vehicles, or construction crew vehicles are allowed only during approved hours of operations (section 16-102).

(g)

Damage to public property. The permit holder must repair any damage to public streets, sidewalks, boulevards (including trees), curbs, water shutoff values, utility services, gutters, catch basins, manholes or sewers to the satisfaction of the department of public works. If damage occurs to the foregoing, it must be repaired within three working days after the damage occurs, unless the permit holder has received written permission form the zoning administrator to delay repairs to a later specified date.

(h)

Parking. The permit holder must maintain a five-foot parking setback from driveways and a 30-foot parking setback from intersections. When parking on a street, a vehicle must be completely located on a street surface. Construction vehicles may only park on one side of the street which is adjacent to the construction site, and the city shall post "No Construction Parking" signs on the opposite side of the street. On street parking of equipment other than licensed motor vehicles is prohibited.

(Ord. No. 595, § 1, 4-23-2019)

(i)

Tracking dirt. The permit holder must install and maintain a rock entrance conforming to city standards at locations approved by the Zoning administrator. Tracking of dirt onto public roads during hauling and general day-to-day construction operations will require periodic sweeping of these roadways by the permit holder. Soil and sediment deposed onto public and/or private pavement areas shall be removed at the end of each work day. Sweeping maybe ordered at any time if conditions warrant.

(j)

Site maintenance. The site must be maintained in a neat and orderly condition. Prior to leaving the construction site at the end of each day, the permit holder must remove all litter that is not needed for construction from the site or deposit them in a dumpster. The permit holder must keep streets, sidewalks, boulevard areas and adjacent properties clean from waste, materials or refuse resulting from operations on the site.

(k)

Restrooms and building materials. No building material, temporary sanitary facilities or equipment may be placed within ten feet from the edge of the street. Public sidewalks must be left open and unobstructed at all times. Long-term (over five days) stockpiles of building supplies are prohibited.

(l)

Tree protection. When reasonable, protective fencing shall be installed around all boulevard trees and/or trees along lot line that are to be saved prior to commencing demolition fencing shall be placed around the drip line to protect the soils over the root zone from compaction, when reasonable.

(m)

Dumpsters. Dumpsters shall be located on site. If not possible, dumpsters on street must be approved by public works and pay the established fee. Dumpsters shall be removed only during approved hours of operation.

(n)

Dust control. Permit holder must eliminate dust problems immediately upon receiving notice from City that there is a dust problem.

(Ord. No. 517, § 1, 10-20-2014; Ord. No. 546, § 1, 10-17-2016)

Any person who violates any of the provisions of this Appendix E shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 517, § 1, 10-20-2014)

In addition to any other remedies authorized by this Appendix E or any other law, the city shall be entitled to enforce any continuing violation of the provisions of this Appendix E by making application to the District Court for injunctive relief.

(Ord. No. 517, § 1, 10-20-2014)

The zoning administrator or their designee shall be authorized to issue stop-work orders to abate continuing violations of the provisions of this Appendix E.

(Ord. No. 517, § 1, 10-20-2014)

In addition to the other remedies provided herein, violations of Appendix E may also be enforced by use of the administrative penalty provisions of chapter 3 of the Code.

(Ord. No. 517, § 1, 10-20-2014)