The city planner is responsible for administering and enforcing this ordinance. The planner has the power and duty to:

a)   Create and maintain necessary records and files and establish administrative procedures to ensure the efficient implementation of this ordinance;

b)   Designate additional individuals as needed to assist in the administration and enforcement of this ordinance; and

c)   Make substantially similar use determinations for permitted, conditional, accessory, and interim uses as authorized in each zoning district. The public may request a written statement of clarification that includes the findings that lead to the city planner's determination.

Any person dissatisfied with any procedure or decision of the city planner may appeal to the planning commission. The decision of the planning commission regarding any decision first made by the city planner may be appealed to the city council in accordance with the procedures outlined in section 300.04 of this ordinance.

(Amended by Ord. No. 2025-07, effective June 23, 2025)

a)   A person who violates, fails to comply with or assists, directs or permits the violation of a provision of this chapter 3 or who knowingly makes or submits a false statement or document in connection with an application or procedure required by this chapter 3 is guilty of a misdemeanor. A person who violates, fails to comply with or assists, directs or permits the violation of a performance standard required by section 300.28 of this chapter 3 must reimburse the city or its agent for the actual cost of the tests, measurements or other procedures necessary to demonstrate that violation. In addition, the person must pay a fee twice that which is specified in section 710 of the code of city ordinances for any application that is submitted in connection with or as a result of the violation. Each day a violation continues constitutes a separate offense.

b)   If a building or structure is erected, constructed, altered, repaired, converted or maintained or if a building, structure, or land is used in violation of this chapter 3, the city planner may initiate any lawful action or proceeding in the name of the city of Minnetonka and has the powers of a peace officer to prevent, restrain, correct or abate the violation. Nothing in this chapter 3 prevents the city planner from taking any other lawful action that is deemed necessary to prevent or remedy a violation of this chapter 3.

c)   A violation of a provision of this chapter 3 or of a condition imposed under authority of chapter 3 is a public nuisance, except if enforcement of the violation would result in the removal or relocation of a principal or accessory structure, or a part of it. The public nuisance may be abated in accordance with the provisions of section 845 of this code.

d)   No section or part of this chapter 3 designating the duties of an official, employee or appointee of the city may be construed to make that official, employee or appointee liable for the penalty provided by the code of city ordinances for violation of this chapter 3.

Failure to give notice or to give adequate notice when such is required by this ordinance shall not invalidate any proceeding, provided that a good faith attempt has been made to comply with the notice requirement.

The fees required by this ordinance shall be those specified by section 710 of the code of city ordinances.

(Amended by Ord. No. 2012-05, adopted March 26, 2012; amended by Ord. No. 2003-25, adopted October 27, 2003)