Monticello City Zoning Code

ENFORCEMENT

§ 153.120 PURPOSE.

This subchapter establishes procedures through which the city seeks to ensure compliance with the provisions of this chapter and obtain corrections for chapter violations. It also sets forth the remedies and penalties that apply to violations of this chapter. The provisions of this subchapter are intended to encourage the voluntary correction of violations whenever possible.

§ 153.121 COMPLIANCE REQUIRED.

(A) In general. Compliance with all the procedures, standards, and other provisions of this chapter shall be required by all persons owning, developing, managing, using, or occupying land or structures in the city.

(B) Approvals required. All persons shall obtain all necessary building permits and/or development approvals required by this chapter prior to development.

§ 153.122 VIOLATIONS.

(A) Failure to comply with this chapter or term or any condition of approval constitutes a violation. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this chapter shall constitute a violation of this chapter. Examples of violations include but shall not be limited to the following:

(1) Develop land without first obtaining all appropriate permits or development approvals, and complying with all applicable terms and conditions.

(2) Occupy or use land or a structure without first obtaining all appropriate permits or development approvals, and complying with all applicable terms and conditions.

(3) Engage in any development or other activity of any nature in any way inconsistent with a permit or development approval, or other form of authorization granted for such activity by the city.

(4) Violate, by act or omission, any term, condition, or qualification placed by the city upon a required permit, certificate or other form of authorization granted by the city to allow the development or other activity upon land.

(5) To alter, maintain, or use any building or structure or to use any land in violation of any provision of this chapter.

(6) Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

(7) Create, expand, replace, or change any nonconformity, except in accordance with this chapter.

(8) Reduce or diminish the requirements of use, development, or dimensional standards below the minimum required by this chapter.

(9) Through any act or omission, fail to comply with any other provisions, procedures, or standards, as required by this chapter.

(10) To continue any of the above-stated violations.

(B) Development shall adhere to approved plans. Permits or development approvals issued by a decision-making body authorize only the use, density or intensity, location, design, and/or development set forth on the plans reviewed in issuing such permits or development approvals. Development that differs from that which was approved by a decision-making body in a permit or development approval is a violation of this chapter.

§ 153.123 RESPONSIBLE PERSONS.

The owner, tenant, or occupant of any land or structure, or an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this chapter may be held responsible for the violation and subject to the remedies and penalties set forth in this chapter.

§ 153.124 ENFORCEMENT GENERALLY.

(A) Responsibility for enforcement. The Community Development Department shall be responsible for enforcing the provisions of this chapter.

(B) General inspections.

(1) Any member of the Community Development Department may enter upon land or inspect any structure to ensure compliance with the provisions of this chapter provided permission has been granted by one of the following:

(a) An owner of the property in question;

(b) A licensee of the business being inspected;

(d) Any other person in control of the premises.

(2) If the owner, licensee, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the Community Development Department may petition a court of competent jurisdiction for a search warrant to authorize entrance to the property. Such a warrant shall only be used to determine whether the provisions of this chapter or related state statute are being complied with and to enforce this chapter or related state statute. No unrelated criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there is probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.

(3) Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.

(C) Complaints regarding violations. Any person may notify the Community Development Department of a suspected violation of this chapter. In registering a complaint, the complaining party shall state fully the cause and/or basis of the alleged violation. The identity of individuals registering complaints shall remain confidential as required by M.S. § 13.44, as it may be amended from time to time.

(D) Investigation of complaints. Upon learning there is a potential violation of this chapter, a member of the Community Development Department may conduct a general inspection to determine whether a violation of this chapter exists.

(E) Notice of violations.

(1) On finding that a violation of this chapter exists, the Community Development Department shall provide written notification of the violation to the owner of the property on which the violation exists and the person causing or maintaining the violation. The notice of violation shall:

(a) Describe the location and nature of the violation;

(b) State the actions necessary to abate the violation;

(c) Order that the violation be corrected within a specified reasonable time period not to exceed 30 days after the notice of violation is sent;

(d) State what course of action is intended if the violation is not corrected with the specified time limit; and advise the alleged violator(s) of their right to appeal the notice of violation to the Board of Adjustment and Appeals in accordance with § 153.028(H).

(2) On receiving a written request for extension of the time limit for correction specified in the notice of violation, the Community Development Department may, for good cause shown, grant a single extension of the time for up to 30 days.

(3) If a third violation occurs within a 12-month period, the Community Development Department is not required to send a notice before proceeding with an enforcement action as contemplated by this chapter.

(4) If the owner of the property cannot be located or determined, the Community Development Department shall post a copy of the notice of violation on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

(F) Application of penalties.

(1) On determining that the violator has failed to correct the violation by the time limit set forth in the notice of violation, or any granted extension thereof, or has failed to timely appeal the notice of violation, the Community Development Department shall take appropriate action, as provided in § 153.999, to correct and abate the violation and to ensure compliance with this chapter.

(2) Each day a violation continues is a separate offense.

(G) Emergency enforcement without notice. On determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Community Development Department may seek immediate enforcement without prior written notice by invoking any of the remedies or penalties listed in § 153.999.

(Ord. 799, passed 2-27-2023; Ord. 833, passed 9-23-2024)

§ 153.999 PENALTY.

(A) If the responsible person to whom the notice of violation was directed fails to comply with the applicable provisions of this chapter, that person is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $300 for each offense or imprisoned for not more than 90 days or both.

(B) The city may also enforce any provision of this chapter by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. No related city permit, license or other approval will be issued to a person or property that has an outstanding notice of violation that is not being appealed, or is not subject to the provisions of a stipulation, order or settlement regarding that violation.

(C) A person who knowingly makes or submits a false statement or document in connection with an application or procedure required by this chapter is guilty of a misdemeanor.

(D) A person who violates, fails to comply with or assists, directs or permits the violation of a performance standard required by this chapter must reimburse the city or its agent for the actual costs of the tests, measurements or other procedures necessary to demonstrate that violation.

(Ord. 799, passed 2-27-2023)