HomeMy WebLinkAbout104 General PenaltySECTION 104
GENERAL PENALTY
SUBSECTIONS:
104.100: GENERAL PENALTY
104.200: APPLICATION OF PROVISIONS
104.300: LIABILITY OF OFFICERS
104.400: ADMINISTRATION AND ENFORCEMENT
104.500: ENTRY ONTO PROPERTY
104.100: GENERAL PENALTY: Any person convicted of a violation of any provision of this
City Code, where no other penalty is set forth, shall be guilty of a misdemeanor and
punishable in accordance with the penalties established by Minnesota Statute.
(Amd. Ord. 113-02, publ. 01/12/13)
104.200: APPLICATION OF PROVISIONS:
(1) The penalty provided in this Section shall be applicable to every section of this City
Code the same as though it were a part of each and every separate section. A
separate offense shall be deemed committed upon each day the violation occurs or
continues, unless otherwise specifically provided in this Code.
(2) In all cases where the same offense is made punishable or is created by different
clauses or subsections of this City Code, the prosecuting officer may elect under
which to proceed; but not more than one recovery shall be had against the same
person for the same offense; provided, that the revocation of a license or permit shall
not be considered a recovery or penalty so as to bar any other penalty being
enforced.
(3) In addition to any penalties provided for in this Section, if any person fails to comply
with any provision of this Code, the Council or any City official designated by it,
may institute appropriate proceedings at law or at equity to restrain, correct, or
abate the violation.
(4) The City Code does not authorize an act or omission otherwise prohibited by law.
(5) All fines, forfeitures and penalties recovered for the violation of this Code or any
ordinance, charter, rule or regulation of the City shall be paid into the City Treasury
by the Court or officer thereof receiving such monies. Payment shall be made in
the manner, at the time, and in the proportion provided by law.
(6) In addition to any penalties provided for in this Section, if any person fails to
obtain a required permit, license, approval, registration or similar authorization
which is required by the City Code prior to the commencement of the related
work, said person shall obtain an after the fact authorization, comply with all
requirements for said authorization, and pay double the stated fee for said
authorization.
104.300: LIABILITY OF OFFICERS: No provision of this Code designating the duties of any
officer or employee shall be so construed as to make such officer or employee liable
for any fine or penalty provided for a failure to perform such duty, unless the intent of
the Council to impose such fine or penalty on such officer or employee is specifically
and clearly expressed in the section creating the duty.
104.400: ADMINISTRATION, AND ENFORCEMENT: The following employees of the City,
while in the course and scope of the performance of their duties as
employees, may administer and enforce this Code and may issue citations:
Office of City Manager
City Manager
Assistant City Managers
City Clerk
Community and Economic Development Department
Community Development Director
Community Development Specialist
Planner
Police Department
Chief of Police
Community Service/Park Patrol Officers
Police Officers
Fire Department
Fire Chief
Assistant Fire Chiefs
Public Works and Natural Resources Department
Public Works Director
Natural Resources Director
Maintenance Supervisor
Street and Sewer Foreman
Water Foreman
Water Resources Engineer
Engineering and Inspections Department
City Engineer
Inspections Director
Building Official
Building Inspector
Code Enforcement Officer
Engineering Technician
Project Engineer
104.500: ENTRY ONTO PROPERTY:
(1) Any official or employee who has the authority or responsibility to enforce this
Code may, with the permission of an owner, operator, occupant, or other person
in control of any real property, inspect or otherwise enter the Real property to
enforce compliance with this Code.
(2) If the owner, operator, occupant or other person in control of a property objects to
the inspection of or entrance to the real property, the official or employee, may
petition and obtain a warrant before conducting the inspection or otherwise
entering the real property.
(3) Nothing in this section shall be construed to limit the authority of the City to enter
real property in urgent emergency situations where there is an imminent danger
in order to protect the public health, safety, and welfare.
(Ord. Amd. 119-09, publ. 11/09/2019)