§ 111.04. VIOLATION, INVESTIGATION AND ACTION REGARDING THE LICENSEE.  


Latest version.
  • (A) Violation and investigation. Upon information and belief or complaint of a citizen of an alleged violation of this chapter, the Planning and Zoning Commission shall investigate the alleged violation within 48 hours of the complaint. The Planning and Zoning Commission shall also notify in writing the licensee within 48 hours of the making of the complaint. In a meeting which shall be held in accordance with the Minnesota Open Meetings Law, being M.S. Chapter 13D, the Commission shall reach a determination of the validity of the complaint within 24 hours after investigating the complaint. The Commission shall make a finding of either no action to be taken or action to be taken.
    (B) Action.
    (1) No action to be taken. If the Planning and Zoning Commission determines that no violation exists, it shall notify the licensee in writing of its investigation and inform the licensee that no action will be taken upon the alleged violation.
    (2) Action to be taken, time to cure. If the Planning and Zoning Commission determines that a violation exists, it shall notify the licensee in writing of such violation within 24 hours of its decision. The notice shall enumerate the specific nature given and shall be at the discretion of the Commission.
    (3) Failure to cure violation, prosecution for repeated violation.
    (a) If the licensee fails to cure the violation, the Planning and Zoning Commission shall report the violation to the City Attorney for prosecution as a misdemeanor as provided by Minnesota law.
    (b) The City Attorney shall furnish such assistance and advice to the Planning and Zoning Commission as requested. If the licensee cures the violation while the prosecution is pending, the prosecution shall be conditionally dismissed.
    (c) However, if three violations are reported to the City Attorney within any consecutive 12-month period, prosecution shall have the option to proceed on all three violations regardless of whether any such violations have been since cured.
    (Ord. 234, passed 10-4-2000)