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•` CHAPTER 15 - J The filing requirement is intended to provide prospective buyers with notice of existing land use restrictions on a particular parcel of property. XV. Enforcement City of Hibbing v.Baratta,620 Violations of land use ordinances are misdemeanors or petty misdemeanors, NI.W.2d 58(Minn.Ct.App. as specified in the ordinance. A city may also seek assistance from the courts 2000). to enforce an ordinance through an injunction or to remove a building or Citizens far a safe Grant v, structure built without the proper permits. Citizens may also go to court to Lone Oak Sportsmen's Club, enforce a city's land use ordinances. Or, a citizen could bring a timely lawsuit 624 N.W.2d 796(Minn.Ct. App.2001). to force the city to enforce its zoning ordinance. Bateman v. City of La Crescent, 2000 WL 979105,C5-99-1979 (Minn Ct.App.Jul. 18,2000). State v.Dorn, 1999 WL 153792, If provided by an ordinance, each day a violation continues to exist may be a C6-98-2001(Minn.Ct.App separate offense. Mar,23,1999). Care should be taken when gathering evidence of an ordinance violation.The zoning administrator or other city official should not go onto private property without permission of the owner or occupant or, if permission is denied, • without a search warrant. Planning&Zoning Comm'n of A claim that a city is selectively enforcing a land use ordinance must be Bemidji Township v.Schneider, based upon impermissible considerations as race,religion or the desire to C:0-99-2067(Minn.Ct App. Jun,13,2000). prevent the exercise of a constitutional right. An individual may make a claim for selective enforcement. Village of Willowbrook v. Olech,582 U.S 562,120 S Ct. 1073(2000). XVI. Judicial review and making a record Swanson v.City of Bloomington, To avoid or minimize the costly expenses of litigation, cities should always 421 N.W.2d 307(Minn.1988). keep an accurate record of meetings, including any evidence presented,make findings contemporaneously with any actions taken, and provide an opportunity for interested parties to speak. The findings of fact should be based on the record and discuss the legal standards from the city's ordinances.The findings of fact show the council fulfilled its role as judge, and justifies the decision in regard to the law and facts. The council must not base its decision solely on neighborhood support or opposition. If these steps are followed,the city should have a clear and complete record that generally limits the court's review of the city's record and eliminates the need for additional evidence at trial. HANDBOOK FOR MINNESOTA CrrIES 15-35 This chapter last revised 12/15/2004