HomeMy WebLinkAbout1965-006E Council OrdinancesORDINANCE NO. 6E
AN ORDINANCE REGULATING THE REMOVAL OF TOPSOIL AND REQUIRING
A SPECIAL PERMIT THEREFORE, WITHIN THE VILLAGE OF LINO LAKES,
MINNESOTA, IMPOSING DUTIES ON THE BUILDING INSPECTOR, AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The Village Council of the Village of Lino Lakes, Minnesota,
do ordain as follows:
I
REMOVAL OF TOPSOIL
No person, firm or corporation shall strip or otherwiseremove
topsoil for sale or for use other than on the premises from
which thesame shall be taken, except in connection with the
construction or alteration of a building on said premises and
excavating or grading incidental thereto, without having first
obtained a Special Permit as required herein.
II.
SPECIAL PERMIT REQUIRED
A. Before proceeding with theextraction and removal of
natural material such as sand, gravel, peat, black dirt,
fill material or similar deposits, except as above
provided, a Special Permit shall be obtained from the
Village Clerk authorizing the. same.
B. Said Special Permit shall require a finished grading
plan which will meet with the approval of the Village
Engineer and Village Council, and set forth the finished
grading to be established after completion of removal
of such deposits, and said Special Permit shall contain
any condition therein deemed necessary by the Village
Engineer or Village. Council to protect Village Streets.
C. Upon the issuance of this Special Permit, thepermittee
shall enter into an agreement, properly secured by a
performance bond, acceptable to the Village. Council,
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with the Village of Lino Lakes, Minnesota, guaranteeing
that the property affected shall be left in a satisfactory
condition as shown on said finished grading plan, and
to protect the. Village. Streets.
D. A fee for such Special Permit shall be charged by
the Village, which fee shall bereasonable and shall
cover all of the Village costs leading to and in the
issuance thereof.
III.
DUTIES OF BUILDING INSPECTOR
The Building Inspector of the Village of Lino Lakes,
Minnesota, shall have theright and duty to stop any removal
of materials within the Village of Lino Lakes in violation
of this Ordinance, and it shall be deemed a violation of
this Ordinance for any person, firm or corporation to resume.
any such removal until this Ordinance is fully complied with.
IV.
PENALTIES FOR VIOLATION
Any person, firm or corporation who shall violate any of
the provisions herein shall be guilty of a misdemeanor and
shall be punishable by a fine of not more than One Hundred
($100.00) Dollars or by imprisonment of not more than ninety (90)
days for such offense. Each separate day of such violation
shall be deemed a separate violation and punishable as such. The.
application
of the above penalty or penalties shall not be
held to prevent the enforced removal of prohibited conditions.
V.
This Ordinance shall be effective from and after its
passage and publication according to law.
Passed by the. Village Council of the Village of Lino Lakes,
Minnesota, this 27th day of December, 1965.
Attest: (— 7 /
Alden E Domning, Mayor
Naomi Zelinka, Clerk
EDMUND P. BABCOCK
LANDOL J. LOCHER
ROBERT B. DANFORTH
JAMES M. NEILSON
FELIX A. MANNELLA
BABCOCK & LOCHER
ATTORNEYS AT LAW
118 EAST MAIN STREET
ANOKA. MINNESOTA 55803
TEL. 421-5151
AREA CODE 612
February 21, 1966
Naomi Zelinka
Village Clerk
Village of Lino Lakes
7033 Lakeview Dr.
Circle Pines, Minnesota
Re: Ordinance No. 6E
I enclose herewith a cop of Ordinance No. 6E
to be placed into the book, signed by
yourself, the mayor, and the village seal
attached thereto.
Initially, this ordinance was passed on
December 27, 1965. Although my copy of
the minutes does not indicate this, my notes
do. I suggest that you amend the minutes to
show passage of the ordinance. Initially,
theordinance was passed to be an amendment
to Ordinance No. 6. Unfortunately, because
of the limitations contained in the heading
or caption of Ordinance No. 6, I was unable
to have this ordinance as an amendment thereto
as it would not specifically be covered, and
this would be objectinnable, hence the new
ordinance.
I have drafted the ordinance pursuant to my
recollection of what transpired and what was
discussed about the passage of the same,
specifically including the item about the
protection of the village streets, and com-
bining the duties of the building inspector
from the ordinance No. 6. There was no spec-
ific discussion of a fee for the permit, there-
fore I have merely placed in a statement to
cover all costs incurred.
Should there be any questions, please con-
tact ,4 ie >- ! e
nd
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