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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)