Forest Lake City Zoning Code

RESPONSIBILITIES, ENFORCEMENT

AND APPEALS

§ 153.210 GENERAL RESPONSIBILITIES OF COMMUNITY DEVELOPMENT DEPARTMENT.

The responsibilities of the Community Development Department as they relate to administration and enforcement of this chapter shall be as follows:

(A) Administer and enforce this chapter;

(B) Create and maintain a system of current and permanent records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals, and applications;

(C) Receive, file, and forward all applications for appeals, variances, conditional uses, amendments, or other matters to the designated official bodies;

(D) Determine the completeness of applications. Notify applicants of incomplete applications within 15 days of receipt of the application;

(E) Maintain a system of records to ensure that the City Council acts on applications within 60 days of being deemed complete. Notify the applicant in writing if the city needs an additional 60 days to act on the application;

(F) Provide public notice of all applications that require a public hearing;

(G) Act as liaison between the Planning Commission and City Council;

(H) Review and determine that all building permits, certificates of compliance, and certificates of occupancy comply with the provisions of this chapter;

(I) Periodically inspect buildings and land uses in the city for compliance with the provisions of this chapter;

(J) Notify, in writing, any person responsible for violating a provision of this chapter indicating the nature of the violation and ordering the action necessary to correct it and a time frame for compliance;

(K) Initiate, in the name of the city, appropriate actions or proceedings against any violator of the provisions of this chapter as provided by law as may be necessary to insure compliance with or to prevent violation of its provisions. Cooperate with the City Attorney in the prosecution of complaints.

(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.211 GENERAL RESPONSIBILITIES OF THE CITY ADMINISTRATOR.

The responsibilities of the City Administrator as they relate to this chapter shall be to implement City Council policies and to administer the affairs of city government.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.212 GENERAL RESPONSIBILITIES OF THE PLANNING COMMISSION.

The responsibilities of the Planning Commission as they relate to the administration of this chapter shall be to assist and advise the City Council in administration of the City Zoning Code to conduct public hearings on matters as required by provisions of the zoning/subdivision ordinances, and any other matters referred to it by the City Council or by ordinance. Following the required public hearings, the Planning Commission shall, to the extent possible, make its reports and recommendations to the City Council.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.213 GENERAL RESPONSIBILITIES OF THE CITY COUNCIL.

The responsibilities of the City Council as they relate to the administration of this chapter shall be to exercise the legislative power of the city, to determine all matters of policy to act on recommendations of the Planning Commission and other boards, and to enforce the provisions of this chapter.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.214 DEVELOPMENT AGREEMENTS AND FINANCIAL GUARANTEES.

(A) To guarantee completion of exterior facilities and amenities as shown on the approved plans or any conditions imposed as part of an application granted under this chapter, applicants may be required to provide a financial guarantee and/or development agreement before the issuance of a building permit.

(B) The content of the development agreement must be approved by the city and must define the required work, reflect the terms to the required guarantee for the performance of the work by the applicant, and provide for the forfeiture of the financial guarantee to the city to correct a default or to reimburse the city for the cost of enforcement measures. Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through 2 winter seasons.

(C) Any financial guarantee required by the development agreement guarantees conformance and compliance with the conditions of the application approval and this chapter.

(D) The amount of the financial guarantee must be established by the city, based upon an itemized estimate of the cost of all required work as documented by the applicant. A cash deposit or an irrevocable letter of credit or similar financial security as approved by the City Attorney must be in the amount of 125% of the approved estimated cost.

(E) The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements that comprise the work.

(F) The city may hold a financial guarantee for a period of time as determined by the development agreement. The financial guarantee may be periodically reduced and ultimately released by the City Council.

(G) Failure to comply with the conditions of the application approval, the development agreement or this chapter may result in forfeiture of the financial guarantee to the extent necessary to achieve compliance with the approved plan.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.215 PROCEDURES TO APPEAL DECISIONS OF THE CITY.

Except as otherwise provided in this chapter, the procedures to appeal decisions of the city are as follows:

(A) The following appeals from decisions of the city are allowed:

(1) To the Planning Commission for decisions made by the Community Development Director.

(2) To the City Council for final decisions made by the Planning Commission.

(B) Any person or entity aggrieved by any decision or action may appeal to the appropriate entity by filing a written notice with the City Administrator within 7 days of the date of the decision stating the specific grounds on which the appeal is made. If the last day of the 7- day period in which the appeal is to be filed falls on a Saturday, Sunday or legal holiday, the period runs until the end of the next day that is not one of the aforementioned days.

(C) The entity hearing the appeal shall cause notice of the hearing on the appeal to be mailed to all appellants at least 10 days prior to the hearing. In the event the matter involves a determination of district boundary lines or interpretations of the text of this chapter, the notice shall also be published in the official newspaper once at least 10 days prior to the hearing.

(D) The entity hearing the appeal shall expeditiously render its decision with written findings supporting the decision.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 638, passed 4-14- 2014; Am. Ord. 736, passed 4-22-2024)

§ 153.216 VIOLATIONS.

(A) General. The violation of any provision of this chapter, or the violation of the conditions or provisions of any permit issued pursuant to this chapter, shall be a misdemeanor and, upon conviction thereof, the violator shall be subject to a fine, imprisonment, or both as provided in the City Code, plus, in either case, the cost of prosecution.

(B) Penalties. Unless otherwise provided, each act of violation and every day on which such violation occurs or continues, constitutes a separate offense.

(C) Application to city personnel. The failure of any officer or employee of the city to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for the failure.

(D) Equitable relief. In the event of a violation or the threatened violation of any provision of this chapter or any provision or condition of a permit issued pursuant to this chapter, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation or threatened violation and to impose a lien upon the affected property for the cost thereof to be collected as a special assessment.