2010.03.01 ORD 2010-443 - Laserfiche WebLink

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• Ordinance 2010-443 Burning Ordinance Page 6 of 7 representative leaves the site. It is the responsibility of the permit holder to have a valid permit, as required by this ordinance, available for inspection on site by law enforcement, the Fire Department, a Minnesota Pollution Control Agency (MPCA) representative or DNR officer. (4) The permit holder is responsible for compliance and implementation of all general conditions, special conditions, and guidelines as established in the permit issued. The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to costs related to Fire Department response, fire suppression, and administrative fees. 0) Revocation of permit. An open burning permit is subject to revocation at the discretion of a DNR officer or the designated fire official. Reasons for revocation include but are not limited to: a fire hazard existing or developing during the course of the burn; any permit conditions being violated during the course of the burn; pollution or nuisance conditions developing during the course of the burn; or a fire smoldering with no flame, or attendant, present. (k) Burning ban or air quality alert. (1) The designated fire official is authorized to determine when conditions make open burning potentially hazardous and declare a burning ban within the city. (2) No recreational fire or open burn will be permitted when the city or the DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert. Sec 34-4. Penalties. (a) Violation of any provision of this ordinance, including maintaining a nuisance after being notified in writing, shall be a guilty of a misdemeanor. (b) Any person violating the terms of this ordinance shall pay all costs incurred as a result of the violation, including but not limited to costs related to Fire Department response, fire suppression, and administrative fees. Any costs incurred by the City in responding to a violation of this ordinance, if not paid within six months of the violation, shall constitute a lien on the property. (c) Any person aggrieved by the imposition of a fine, fee or citation issued under this ordinance shall have the right to appeal that imposition once to the City Council, provided they submit a written request for appeal stating the reasons therefore to the City Clerk within thirty (30) days of the date of the issuance of the fine, fee or citation. Appeals will be heard by the City Council within (60) days of the City Clerk's receipt of the written request. Sec 34-5. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.