Laketown Township City Zoning Code
PUBLIC HEARINGS
§ 152.285 PUBLIC HEARINGS.
(A) A public hearing shall be held as required by M.S. § 394.26, as it may be amended from time to time. In addition to the notice requirements of M.S. § 394.26, as it may be amended from time to time, notice shall be given to the Commissioner of the Department of Natural Resources if the affected property is within the Floodplain or Shoreland District.
(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.286 NOTICE REQUIREMENTS.
(A) Public notice shall be given as required in M.S. § 375.51 and M.S. § 394.26, as they may be amended from time to time. If an affected property is in the Shoreland or Floodplain Districts, the Commissioner of the Department of Natural Resources shall also be given notice.
(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.287 PROPERTY OWNER RECORDS.
For the purpose of giving mailed notice, the person responsible for mailing the notice shall use the latest list of property owners available in the county GIS system. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.288 FAILURE TO GIVE NOTICE.
The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subchapter has been made.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.289 APPLICANT TO APPEAR.
The applicant or representative thereof must appear before the body holding the hearing in order to answer questions concerning their request.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.290 ADDITIONAL INFORMATION.
The body holding the hearing and county staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.291 ENVIRONMENTAL CONCERN.
The applicant for a conditional use permit or variance which, in the opinion of the body holding the hearing, may result in a material adverse effect on the environment may be requested by the body to demonstrate the nature and extent of the effect.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.999 PENALTY.
(A) Enforcement. The Department is authorized to administer and enforce this chapter. In the event of a violation or threatened violation of this chapter, the Department, County Board or any member thereof may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violations or threatened violations and it shall be the duty of the County Attorney to institute the action.
(B) Violation a misdemeanor. Except where separately provided for in this chapter or in state statute or rule, violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, interim or conditional uses, administrative permits, certificates of zoning compliance, certificates of nonconformance, County Board or Board of Adjustment order, or other certificates or permits issued pursuant to the provisions of this chapter, shall constitute a misdemeanor and shall be punishable as defined by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(C) Remedies. In responding to a suspected chapter violation, the county may utilize the full array of enforcement actions available to it including, but not limited to prosecution and fines, after-the-fact permits, stop work orders, notice of violation, orders for corrective measures, or if the property is in the Floodplain Overlay District, a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The county may institute appropriate actions or proceedings, including injunctive relief to prevent, restrain, correct or abate the violations or threatened violations. The county may recover costs incurred for corrective action in a civil action in any court of competent jurisdiction or, at the discretion of the County Board, the costs may be certified to the County Auditor as a special tax against the real property.
(D) Fines. All fines for violation shall be paid to the county and shall be credited to the general revenue fund.
(E) Mandamus. Any taxpayer or taxpayers of the county may institute mandamus proceedings in District Court to compel specific performances by the proper official or officials of any duty required by this chapter.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)