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11-23-2015 Council Packet
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11-23-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
11/23/2015
Council Meeting Type
Regular
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(g) Any substantial improvement, as defined in § 1103.03 of this chapter, to a <br />nonconforming structure requires that the existing structure and any additions must meet <br />the requirements of § 1103.05 or § 1103.06 of this chapter for new structures, depending <br />upon whether the structure is in the Floodway or Flood Fringe District. <br />§ 1103.13 PENALTIES AND ENFORCEMENT. <br />(1) Violation constitutes a misdemeanor. Violation of the provisions of this chapter <br />or failure to comply with any of its requirements (including violations of conditions and <br />safeguards established in connection with grants of variances or conditional uses) <br />constitute a misdemeanor and will be punishable as defined by law. <br />(2) Other lawful action. Nothing in this chapter restricts the City of Lino Lakes from <br />such taking other lawful action as is necessary to prevent or remedy any violation. If the <br />responsible party does not appropriately respond to the Zoning Administrator within the <br />specified period of time, each additional day that lapses shall constitute an additional <br />violation of this chapter and shall be prosecuted accordingly. <br />(3) Enforcement. In responding to a suspected ordinance violation, the Zoning <br />Administrator and City of Lino Lakes may utilize the full array of enforcement actions <br />available to it including but not limited to prosecution and fines, injunctions, after -the - <br />fact permits, orders for corrective measures or a request to the National Flood Insurance <br />Program for denial of flood insurance availability to the guilty party. The City must act in <br />good faith to enforce these official controls and to correct ordinance violations to the <br />extent possible so as not to jeopardize its eligibility in the National Flood Insurance <br />Program. <br />(a) When a violation is either discovered by or brought to the attention of the Zoning <br />Administrator, the Zoning Administrator shall immediately investigate the situation and <br />document the nature and extent of the violation of the official control. As soon as is <br />reasonably possible, this information will be submitted to the appropriate State <br />Department of Natural Resources and Federal Emergency Management Agency regional <br />office along with the city's plan of action to correct the violation to the degree possible. <br />(b) The Zoning Administrator shall notify the suspected party of the requirements of <br />this chapter and all other official controls and the nature and extent of the suspected <br />violation of these controls. If the structure and/or use is under construction or <br />development, the Zoning Administrator may order the construction or development <br />immediately halted until a proper permit or approval is granted by the community. If the <br />construction or development is already completed, then the Zoning Administrator may <br />either: <br />1. Issue an order identifying the corrective actions that must be made within a <br />specified time period to bring the use or structure into compliance with the official <br />controls; or <br />2. Notify the responsible party to apply for and after -the -fact permit/development <br />24 of 25 <br />
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