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0581
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0500-0599
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0581
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Last modified
3/30/2006 11:42:11 AM
Creation date
6/27/2005 2:07:50 PM
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<br />.. <br /> <br />SECTION 10-020 <br /> <br />PENALTIES FOR VIOLATION <br /> <br />a. Violation of the provisions of this Ordinance or failure to comply with any of its <br />requirements (including violations of conditions and safeguards established in connection <br />with grants of Variances or Special Uses) shall constitute a misdemeanor and shall be <br />punishable as defined by law. <br /> <br />b. Nothing herein contained shall prevent the City of New Brighton from taking such <br />other lawful action as is necessary to prevent or remedy any violation. Such actions may <br />include but are not limited to: <br /> <br />1. In responding to a suspected ordinance violation, the Community <br />Development Director and Local Government may utilize the full array of <br />enforcement actions available to it including but not limited to prosecution and <br />fines, injunctions, after-the-fact permits, orders for corrective measures, or a <br />request to the National Flood Insurance Program for denial of flood insurance <br />availability to the guilty party. The community must act in good faith to enforce <br />these official controls and to correct ordinance violations to the extent possible so as <br />not to jeopardize its eligibility in the National Flood Insurance Program. <br /> <br />2. When an ordinance violation is either discovered by or brought to the <br />attention of the Community Development Director shall immediately investigate the <br />situation and document the nature and extent of the violation of the official control. <br />As soon as is reasonably possible, this information will be submitted to the <br />appropriate Department of Natural Resources and Federal Emergency Management <br />Agency Regional Office along with the community's plan of action to correct the <br />violation to the degree possible. <br /> <br />3. The Community Development Director shall notify the suspected party of the <br />requirements of this Ordinance and all other Official Controls and the nature and <br />extent of the suspected violation of these controls. If the structure and/or use is <br />under construction or development, the Community Development Director may <br />order the construction or development immediately halted until a proper permit or <br />approval is granted by the community. If the construction or development is <br />already completed, then the Community Development Director may either 1) issue <br />an order identifying the corrective actions that must be made within a specified time <br />period to bring the use or structure into compliance with the official controls, or 2) <br />notify the responsible party to apply for an after-the-fact permit/development <br />approval within a specified period of time not to exceed 30 days. <br /> <br />4. If the responsible party does not appropriately respond to the Community <br />Development Director within the specified period of time, each additional day that <br />lapses shall constitute an additional violation of this Ordinance and shall be <br />prosecuted accordingly. The Community Development Director shall also upon the <br />lapse of the specified response period notify the landowner to restore the land to the <br />condition which existed prior to the violation of this Ordinance. <br /> <br />22 <br />
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