Kasson City Zoning Code
ENFORCEMENT
§ 154.080 AUTHORITY AND ACTION.
(A) This chapter shall be administered and enforced by the Zoning Administrator or other authorized representative. The Zoning Administrator may institute in the name of the City of Kasson any appropriate actions or proceedings against a violator.
(B) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the city.
(1) Such complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator.
(2) The Zoning Administrator shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
(Ord. 879, passed 10-28-2020)
§ 154.081 ENFORCEMENT PROCEDURES.
(A) (1) For the enforcement of the provisions of this chapter, zoning violation notices shall be sent by either first class or certified mail to the owner of the property on which the violation is taking place.
(2) A copy of the zoning violation notice shall be sent to the City Administrator, City Clerk, Police Chief and City Attorney.
(B) The zoning violation notice shall contain the following information:
(1) A description of the violation which is taking place;
(2) A picture (if possible) of the violation which is taking place;
(3) Location and/or address of the property at which the violation is taking place;
(4) Identification of the section of this chapter which is being violated;
(5) Date the violation was discovered;
(6) Steps necessary to correct the violation; and
(7) Deadline by which the violation must be corrected, which is at the discretion of the Zoning Administrator.
(Ord. 879, passed 10-28-2020)
§ 154.082 CORRECTION OF THE ZONING VIOLATION.
Correction of the violation in the manner stipulated by the zoning notice violation, at any point during this enforcement process, shall deem the zoning violation notice null and void and enforcement activity shall cease.
(Ord. 879, passed 10-28-2020)
§ 154.083 FAILURE TO CORRECT THE ZONING VIOLATION; ENFORCEMENT REMEDIES.
Failure to correct the zoning violation shall result in the city pursuing enforcement action following notification to the property owner, with the city having the authority to carry out the following enforcement remedies or combination of remedies.
(A) Withhold permits. The city shall have the authority to withhold any permits or city approvals which are necessary until the violation is corrected to the city's satisfaction.
(B) Stop work order. The city shall have the authority to issue a stop work order on the subject violation.
(C) Abatement. The city shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice.
(D) Injunctive relief. The city shall have the authority to seek an injunction in court to stop any violation of this chapter.
(E) Civil remedies. The city shall have the authority to institute appropriate civil action to enforce the provisions of this chapter, and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the court.
(F) Assessment. The city shall have the authority to use the provisions of M.S. Ch. 429, as may be amended from time to time, assess any charge against the property benefitted, and any such assessment shall, at the time at which taxes are certified to the Dodge County Auditor, be certified for collection in the manner that other special assessments are so certified.
(G) Criminal remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this chapter.
(H) Cumulative remedies. The powers and remedies of this section shall not be individually limited and are not exclusive. The powers and remedies of this section are cumulative and all power and remedies may apply, as well as any other remedies allowed under state law.
(I) Administrative penalties. The city shall have the authority to utilize § 10.99 of the City Code for enforcement of the Zoning Ordinance.
(Ord. 879, passed 10-28-2020)
§ 154.084 REVOCATION.
Instead of, or in addition to any of the remedies in § 154.083 failure to comply with the conditions of a conditional use permit, a variance, or the ordinances of the city shall result in the conditional use permit or variance being revoked by the City Council, as described in §§ 154.067 and 154.068.
(Ord. 879, passed 10-28-2020; Ord. 1.1-2021, passed 2-10-2021)