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7/21/2017 Chapter 13 - Zoning Code <br />http://library.amlegal.com/alpscripts/get-content.aspx 16/17 <br />structure must meet the standards of Sections 1335.25 and 1335.26 of this Ordinance for new structures <br />depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. <br /> Subd. 4 If any nonconforming use is discontinued for l2 consecutive months, any future use of the <br />building premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in <br />writing of instances of nonconforming uses that have been discontinued for a period of l2 months. <br /> Subd. 5 If any nonconforming use or structure is substantially damaged, as defined in this Ordinance, it <br />shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable <br />provisions for establishing new uses or new structures in Sections 1335.25, 1335.26, and 1335.27 will <br />apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain <br />District, respectively. <br /> Subd. 6 If a substantial improvement occurs, as defined in this Ordinance, from any combination of a <br />building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, <br />alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the <br />building addition and the existing nonconforming building must meet the requirements of Sections 1335.25 <br />and 1335.26 of this Ordinance for new structures, depending upon whether the structure is in the Floodway <br />or Flood Fringe District, respectively. <br />1335.36 Enforcement and Penalties for Violation. <br /> Subd. 1 Misdemeanor. 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 with grants of <br />variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by state <br />law. <br /> Subd. 2 Other Remedies. Nothing contained shall prevent the City from taking any other lawful action <br />as is necessary to prevent or remedy any violation. Such actions may include but shall not be limited to: <br /> A. In responding to a suspected Code violation, the City Administrator and City Council may utilize <br />the full array of enforcement actions available to it, including but not limited to, prosecution and fines, <br />injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood <br />Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good <br />faith to enforce these official controls and to correct Code violations to the extent possible so as not to <br />jeopardize its eligibility in the National Flood Insurance Program. <br /> B. When a Code violation is either discovered by or brought to the attention of the City Administrator, <br />the City Administrator shall immediately investigate the violation of the official control. As soon as is <br />reasonably possible, this information shall be submitted to the appropriate Department of Natural <br />Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of <br />action to correct the violation to the degree possible. <br /> C. The City Administrator shall notify the suspected party of the requirements of this Section and all <br />other Official Controls and the nature and extent of the suspected violation of these controls. If the structure <br />and/or use is under construction or development, the City Administrator may order the construction or <br />development immediately halted until a proper permit or approval is granted by the City. If the construction <br />or development is already completed, then the City Administrator may either: <br /> 1. Issue an order identifying the corrective actions that shall be made within a specified time period <br />to bring the use of structure into compliance with the official controls, or <br /> 2. Notify the responsible party to apply for an after-the-fact permit/development approval within a <br />specified period of time not to exceed thirty (30) days. <br />Dr <br />a <br />f <br />t <br /> <br />11 <br />/ <br />2 <br />0 <br />/ <br />2 <br />0 <br />1 <br />7