Environmental Services Administrative Ordinance


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Resolution No. 00-87

An ordinance:

  1. Repealing Public Health Regulation #38 and #42;
  2. Establishing procedures for administering Olmsted County environmental ordinances including but not limited to:
    1. water well construction and sealing and water supply,
    2. individual sewage treatment systems,
    3. land application or other treatment or disposal of septage, sewage, sludge, or the contents of holding tanks,
    4. solid waste,
    5. public pools,
    6. youth camps,
    7. campgrounds,
    8. manufactured home parks,
    9. public lodging,
    10. public food and beverage establishments,
    11. public nuisances,
    12. rabies, and
    13. tobacco sales;

(As amended on 9/26/00 by Resolution #00-87)

  1. Establishing procedures for administering Minnesota laws covered by delegation agreements where separate procedures are not established by such agreements, and where these procedures are consistent with State law.

Article I. General Provisions

Section 1.00 Title. This ordinance shall be known and referenced as the Olmsted County Environmental Services Administrative Ordinance, also identified as ESAO.

Section 1.02 Purpose.

1.021 This ordinance is enacted to supplement, support, and carry out the purposes of Olmsted County ordinances and State of Minnesota laws for public health and environmental protection.

1.022 This ordinance defines and guides administration of procedures for exceptions, appeals, and enforcement of Olmsted County's environmental ordinances, including but not limited to ordinances regulating the following activities: a) water well construction and sealing and water supply, b) individual sewage treatment systems, c) land application or other treatment or disposal of septage, sewage, sludge, or the contends of holding tanks, d) solid waste, e) public pools, f) youth camps, g) campgrounds, h) manufactured home parks, i) public lodging, j) public food and beverage establishments, k) public nuisances, and l) rabies. This Administrative Ordinance shall also address the license and administrative sections of the Olmsted County Tobacco Sales and Youth Access Ordinance except Sections 1000, 1100, 1200, and 1300 that guide administration of the sales compliance check process.

(As amended on 9/26/00 by Resolution #00-87)

1.023 This ordinances establishes procedures for administering Minnesota laws covered by delegation agreements where separate procedures are not established by such agreements, and where these procedures are consistent with State Law.

1.024 Those laws referenced above include but are not limited to the following Minnesota Rules, as amended from time to time: 4717.0150 through .3975 (public pools); 4626.0010 through .1825 (food and beverage establishments); 4625.0100 through .2200 (public lodging establishments); 4630.0200 through .2210 (manufactured home parks and recreational camping areas); 4630.2300 through .4700 (children or youth camps); and 1550.5000 through .5130 (food and beverage vending machines).

(As amended on 9/26/00 by Resolution #00-87)

Section 1.04 Jurisdiction. The County's environmental ordinance shall apply to all incorporated municipalities and unincorporated areas within the boundaries of Olmsted County. Where a municipality (city or township) has lawfully passed environmental ordinances to regulate and enforce in an equivalent or more restrictive manner, the Director and Environmental Commission shall coordinate regulation and enforcement with that municipality.

(As amended on 9/26/00 by Resolution #00-87)

Section 1.06 Interpretation and Application.

1.061 In their interpretation and application, the provision of Olmsted County's environmental ordinances shall be held to be the minimum requirements to protect public health, safety, and welfare.

1.062 Where the conditions imposed by any provision of environmental ordinances are either more restrictive or less restrictive than comparable provisions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

1.063 Should any court of competent jurisdiction declare any section of this ordinance or any other environmental ordinance to be invalid, such decision shall not affect the validity of the ordinance as whole or any part thereof other than the provision declared invalid.

Section 1.08 Disclaimer of Liability.

1.081 The County's environmental ordinances are intended to provide reasonable minimum standards for design, construction, maintenance, and operation, to protect public health.

1.082 Design, construction, maintenance, or operation in accordance with the provisions of the County's environmental ordinances does not guarantee adequate capacity, function or protection of health and safety.

1.083 The County's ordinances do not create a liability on the part of, or a cause of action against, Olmsted County or any employee thereof for any damages that may result from reliance on the County's environmental ordinances.

Section 1.10 Fees. Fees for the administration of the County's environmental ordinances may be established and amended periodically by resolution at the County Board.

Section 1.12 Repeal and Amendments of Other Environmental Ordinances.

1.121 Olmsted County Public Health Resolutions #38 and #42, with all amendments, policies, and modifications thereto, are hereby repealed.

1.122 This ordinance supersedes any conflicting sections of the County's other environmental ordinance.

1.123 Any ordinance that refers to Public Health Regulation #38 is amended by replacing that reference with "Olmsted County Environmental Services Administrative Ordinance."

1.124 Sections 3.00, 3.02, 3.04, 3.10, 3.12, 3.14, and 3.16 of the Water Well and Water Supply Ordinance are superseded by Articles III and V of this ordinance. Sections 4.02, 4.04, and 4.06 of the Water Well and Water Supply Ordinance are superseded by Article IV of this ordinance.

1.125 The following ordinances and/or regulations, with all amendments, policies and modifications thereto shall be repealed:

Public Health Regulation No. 03 (Grade A Milk Code, 1957)
Public Health Regulation No. 06 (Skunk Bounty, 1959)
Public Health Regulation No. 07 (Inspection Fees for Milk Program, 1960)
Public Health Regulation No. 20 (Food Establishment Standards, 1971)
Public Health Regulation No. 21 (Ambient Air Quality Standards, 1971)
Public Health Regulation No. 24 (Food Establishment License Fees, 1972)
Public Health Regulation No. 25 (Insp. & License Lodging Estab.,1974)
Public Health Regulation No. 26 (Public Swimming Pool Regulation, 1978)
Public Health Regulation No. 30 (Food/Lodging Establishment Fees, 1978)
Public Health Regulation No. 32 (Vending Machine Regulation, 1980)
Public Health Regulation No. 37 (Food Establishment Regulation, 1984)

(As amended on 9/26/00 by Resolution #00-87)

1.126 The following ordinances and/or regulations addressing wells, water supplies, and sewage treatment, with all amendments, policies and modifications thereto shall be repealed:

Public Health Regulation No. 02 (Sewage Disposal Systems, 1957)
Public Health Regulation No. 04 (Includes Eyota Twsp in PHR # 2, 1958)
Public Health Regulation No. 09 (Sewage System Stds. & Licensing Contractors, 1960)
Public Health Regulation No. 11 (Includes Oronoco Twsp in PHR 2 & 10, 1961)
Public Health Regulation No. 12 (Includes Viola Twsp in PHR 2 & 10, 1962)
Public Health Regulation No. 13 (Includes Kalmar Twsp. in PHR 2 & 10, 1962)
Public Health Regulation No. 14 (Well and Sewage System Const. Permits Required, 1963)
Public Health Regulation No. 15 (Farms Excluded from Well and Septic Permits, 1964)
Public Health Regulation No. 16 (Prohibits Sewage Discharge; Limits Privy Vaults, 1964)
Public Health Regulation No. 18 (Community Water and Sewage Systems, 1968)
Public Health Regulation No. 22 (New Standards for Sewage Systems, 1972)
Public Health Regulation No. 23 (Farms Excluded from Well Replacement Permit, 1972)
Public Health Regulation No. 28 (Fees for Sewage Treatment Systems, 1977)
Public Health Regulation No. 29 (Fees for Community water and Sewage Systems, 1977)
Public Health Regulation No. 31 (Fees for Well Permits; Swimming Pools, 1980)
Public Health Regulation No. 39 (Amended PHR 1, 25, 26, AND 32, 1985)

(As amended on 9/26/00 by Resolution #00-87)

Article II. Definitions, Rules and Word Usage

For the purpose of the County's Environmental ordinances, the following terms or words shall be interpreted as follows:

Section 2.00 Definitions.

Citation: An order to a responsible party to appear at the County Violation Bureau to enter a plea of 1) not guilty and request a court hearing, or 2) guilty and pay a fine established by the courts for violation of environmental and public health protection ordinance.

County: Olmsted County, Minnesota.

County Board: The elected Board of Commissioners for the county of Olmsted.

Delegation Agreement: The properly executed delegation of responsibility to Olmsted County by the State of Minnesota, as provided in Minnesota Statutes.

Director: The Director of the Planning Department, Public Works Department, or Public Health Services and their respective designees operating under authority of the County Board to administer environmental programs and services for Olmsted County.

Environmental Commission: The Olmsted County Environmental Commission organized and appointed by the County Board.

Environmental Management Team: The Administrative staff appointed by the County Board and/or County Administrator to manage the environmental programs and services for Olmsted County.

Environmental Ordinance: An ordinance adopted by Olmsted County or Minnesota's Statutes and Rules administered under authority of Minnesota Statutes Chapters 145A and 103I and amendments thereto.

(As amended on 9-26-00 by Resolution #00-87)

Imminent Hazard: An actual or potential immediate threat to the health, safety, or well being of humans or livestock, or environmental degradation.

License: Authorization to conduct business services that may be limited to a specific period of time, specific person, and/or a specific site in Olmsted County.

(As amended on 9/26/00 by Resolution #00-87)

Owner: Any person or person having a legal interest in real or personal property or any person in possession or control of real or personal property including, but not limited to, mortgages, contract for deed vendees, and contract for deed vendors.

Permit: A certificate, approval, registration, or similar form of permission that may be limited to a specific site and/or a specific period of time to establish a use, construct a structure or operate a specific business, structure, or vehicle.

Person: A firm, association, organization, partnership, trust, company, corporation, municipality, agency, or an individual.

Planning Department: The Rochester Olmsted Planning Department serving Olmsted County.

Public Health Services: The services of Olmsted County government that are authorized under Minnesota Statutes Chapter 145A, Community Health Services Act.

Public Works: The Public Works Department serving Olmsted County.

Structure: A combination of materials forming a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

Section 2.02. Rules, Word Usage.

Masculine and Feminine Gender: The masculine gender includes the feminine and neuter genders.

Normal Work Days: The days that County departments are open to the public for business.

Shall and May: "Shall" is mandatory and not discretionary; "may" is permissive.

Singular and Plural: Words used in the singular include the plural, and the plural includes the singular.

Tenses: Words used in the present tense include the future.

Article III. Administration

Section 3.00 Environmental Commission Responsibilities. The Environmental Commission shall a) review and recommend to the County Board County policy for environmental programs and public services b) hear and take action on exception to or interpretations of provisions of environmental ordinance c) examine and protect the County's environment and its people from environmental health threats, d) review and recommend to the county Board budgets for county departments providing environmental services, and e) carry out other assignments authorized by action of the County Board. Nothing in this section prohibits the Environmental Commission from appointing subcommittees, task forces, or advisory councils to help the Environmental Commission carry out these responsibilities.

(As amended on 9/26/00 by Resolution #00-87)

Section 3.02 Powers and Duties of Director. The Director shall have the following powers and duties in addition to specific powers and duties addressed in other sections of this ordinance and in addition to any other powers and duties that the Director may now have or hereafter be given.

3.021 Duties. The Director shall:

3.0211 Administer assigned environmental ordinances and Minnesota laws covered by delegation agreements.

3.0212 Issue permits and licenses as required by the terms of the ordinance.

3.0213 Conduct inspections of construction activities and other operations to determine compliance with the terms of environmental ordinances.

3.0214 Maintain permanent and current records of environmental permits, licenses, complaints, enforcement actions, exceptions, appeals, ordinances and amendments to ordinances as required by law.

3.0215 Process applications for exceptions and other matters. This shall include receipt of applications, publication of legal notices, preparation of reports to the designated official bodies, and filing official actions with the County Recorder as required by the terms of the ordinances.

3.0216 Request the County Attorney to institute in the name of the County any appropriate action or proceedings to enforce the conditions of a contract or otherwise to enforce an environmental ordinance.

3.0217 Coordinate the administration of environmental ordinances with other ordinances enforced by the County and with the administrative activities of other jurisdictions and the State of Minnesota.

3.0218 Be authorized to provide or require consultation and education services and a report of findings in conjunction with the inspection of a place or a business that is licensed consistent with this ordinance. The purpose of these services is to assist the licensee or other person(s) in charge to a) identify conditions that pose a health or safety risk and/or are not consistent with law; and b) assure resolution of those conditions.

3.0219 Be authorized to gather information about a case of environmental condition(s) that appear to be a public health nuisance. In the absence of a County Ordinance or Minnesota Law that defines those environmental conditions that are a ?public health nuisance,? the information can be presented for Environmental Commission review and action. In such cases Environmental Commission shall determine that the condition(s) are or are not a public health nuisance, based on the information presented. When a Director determines that it is in the best interest of the community and county to take prompt action, the director is authorized to determine whether the condition(s) is a public health nuisance, document the findings leading to such decision, and take corrective action(s) allowed by law, without waiting for the Environmental Commission to review and act. Such action shall be reported at the next Environmental Commission meeting.

(As amended on 9/26/00 by Resolution #00-87)

3.022 Authority. The Director is authorized to carry out the following activities on behalf of the County as the Director may deem appropriate in administering environmental ordinances:

3.0221 The Director may enter into contracts or agreements with persons establishing conditions for approval of an exception, license, permit, or service.

3.0222 Until the Director has approved all related plans or permits, the Director may withhold issuance of permits that will allow construction, remodeling, alteration, demolition, or change in use of a building, structure, facilities, sewage treatment system or well.

Section 3.04 Licenses and Permits.

3.040 License and Permits Authorized. Where a license or permit is not required by Minnesota law, rule or delegation agreement, the County Board may, by resolution, require license and/or permit.

(As amended on 9/26/00 by Resolution #00-87)

3.041 Action on License or Permit Application. Applications for initial license or permit and renewal or extension of license or permit shall be reviewed by the Director and one of the following actions communicated to the applicant: a) approval; b) approval with written conditions; c) hold pending additional information; d) hold pending correction of other violations of environmental law, permits, or license by the applicant or property holder, or e) denial.

3.042 Hold Pending Correction of Violation on Other Property. In the event a violation notice has been issued under this ordinance related to another property or permitted activity, the Director may withhold approval of construction, maintenance or operating permits for contractors, operators, or property owners involved, until the violation has been corrected.

3.043 False Information. Submission of false information may constitute grounds for denying issuance of an initial or renewal license or permit, and may be grounds for the Director to suspend an issued license or permit.

3.044 Alteration of Conditions for License and Permit. Construction, operation, or maintenance authorized by a license or permit shall not be altered or modified until the proposal has been reviewed and accepted by the Director.

3.045 License Transferability. Licenses are not transferable from person to person, except as authorized by ordinance, law, or the Director.

3.046 Permit Transferability. Permits specific to a site are transferable except as prohibited by ordinance, law, or the Director.

3.047 Expiration of License or Permit. Construction, operating, and maintenance license and permits shall expire one year from the date of issuance except where longer periods of time are authorized by ordinance.

3.048 License or Permit Renewals. Applicants shall present the required license or permit renewal application, including all required information and fees, no later than 30 days before the expiration of their current license or permit. Additional fees may be assessed for applications being presented for processing after the date due and for delays in processing of applications due to the applicant's failure to provide the required information or fees.

(As amended on 9/26/00 by Resolution #00-87)

3.049 Interfering with the Director. Whenever a licensee, permittee, or their staff causes (or allows) actions on or off the premises of the license or permit site that interfere with the lawful responsibilities of the director or are threatening to the safety of the director, such actions may be grounds for the director to act to suspend the applicable license or permit and seek its revocation according to the provisions of this ordinance.

(As amended on 9/26/00 by Resolution #00-87)

Section 3.06 Compliance Required.

3.061 Duty. It shall be the duty of all property owners, contractors, subcontractors, and other persons to operate in accordance with the provisions of this and other applicable environmental ordinances or laws.

3.062 Accountability. Any property owner, contractor, subcontractor, or other person performing work in violation of the provisions of environmental ordinances shall be held accountable for violations, whether or not a permit is required or obtained for the work.

3.063 Violations. Construction, reconstruction and operations being carried out a) without required license, permit, authorization, or b) not in conformance with applicable ordinances, rules, standards, license, or permit conditions are prohibited.

Article IV. Exceptions and Appeals

(As amended on 9/26/00 by Resolution #00-87)

Section 4.00 Policy on Exceptions.

4.001 Policy. It is the intent of this ordinance to provide procedures to accommodate alternative approaches to meeting the intent of the environmental ordinances, wherever it is possible to do so consistent with the protection of the environment and the public health, safety, and welfare, and consistent with the general intent of the environmental ordinances. This article sets forth procedures for the Environmental Commission to consider the circumstances of a particular situation and to decide (1) whether or not to grant an exception, with or without conditions, modifying the application of ordinance provisions to a particular property, or (2) whether or not the applicable ordinance has been applied in a manner consistent with its intent.

4.002 Circumstances for Exceptions. There are two circumstances under which an owner may apply for an exception. These include (1) circumstances in which the owner contends that characteristics of an individual property make strict adherence to the requirements of an environmental ordinance difficult, unreasonably expensive, or impractical; and (2) circumstances in which an owner alleges that the staff administering environmental ordinances has misinterpreted or misapplied ordinance provisions.

4.003 Administrative Latitude. Where possible, each environmental ordinance will provide for administrative latitude in the application of the requirements of the ordinance. The procedures for exceptions are intended to apply to those situations in which the latitude of the staff to approve alternative means of meeting ordinance requirements is limited. Limits on administrative latitude may be related to requirements of State of Minnesota rules, the magnitude of the exception needed, or other policy issues.

Section 4.02 Procedure for Exceptions and Appeals.

4.021 Application for Exception or Appeal. When a Director has determined that it is not possible to issue a license or permit for a particular activity or structure under the administrative procedures of the applicable environmental ordinance, or when a person, agency, or officer of an affected jurisdiction is aggrieved by a decision of a Director, an application may be made requesting an exception to the administration of the ordinance. Such application shall be made on a form provided by the Director and shall set forth any exceptional circumstances applying to the property, or if applicable, the nature of any alleged error in administration or interpretation of the ordinance. If the applicant alleges an error in administration affecting property not owned by the applicant, such application shall be made within ten (10) days of the applicable administrative decision.

(As amended on 9/26/00 by Resolution #00-87)

4.022 Variances from State Agency Rules. The Environmental commission shall not consider any application for an exception that involves a variance from applicable Minnesota rules until review and action required by applicable Minnesota state departments has been conducted. If the applicable Minnesota department denies the requested variance, then the Environmental Commission shall not consider the application for exception.

4.023 Administrative Processing. Upon receipt of an application and required fees for an exception to the administration of an environmental ordinance, the Director shall carry out the following activities:

4.0231 The Director shall schedule a hearing for Environmental Commission review within 60 days of receipt of the application.

4.0232 The Director shall draft a report on the application, setting forth (1) the date, time, and place of the hearing; (2) the nature of the applicant's request; (3) the characteristics of the applicant's property and environs; (4) the relationship of the request to the intent of the applicable environmental ordinance; and (5) recommended findings and actions. If the Director recommends approval of an exception with conditions, the report shall set forth those conditions. The Director shall forward the report and the application to the Environmental Commission, the applicant, any other property owner the use of whose property might be affected by approval of the application, and the clerk of the municipality in which the affected property is located.

(As amended on 9/26/00 by Resolution #00-87)

4.0233 The Director shall seek to reach an agreement with the applicant on the conditions for an exception. The agreements shall be a written contract confirmed by the applicant's signature and binding upon the applicant, his successors and assigns, when and if the exception and conditions are approved by action of the Environmental Commission. Such conditions may include report or records requirements, schedules and time limits and other limitations on operations, and requirements for renewable permit.

Section 4.04 Environmental Commission Decision Process.

4.041 Tabling. The applicant or the Director may request the Environmental Commission to table or delay the hearing for up to 35 (thirty five) days. Tabling for longer periods may be authorized with agreement of both the applicant and the Environmental Commission.

4.042 Testimony. The Environmental Commission shall review the application, and the Director's report and receive written or oral testimony from applicable Minnesota Department staff, Directors, the applicant, and other witnesses for the county or the applicant.

4.043 Determination. The Environmental Commission shall determine whether or not the Director has made an error in interpreting or administering the ordinance. If the Environmental Commission finds that an error of interpretation or application of the ordinance has been made, it shall table the matter for up to 35 days and instruct the Director to prepare a resolution for adoption by the Environmental Commission. The resolution shall set forth the proper interpretation and administration of the ordinance. The resolution shall instruct the Director to administer the ordinance in accordance with the corrected interpretation of the ordinance, both in general and in the applicant's particular case. If the Environmental Commission finds that the ordinance has been interpreted and administered correctly, it shall proceed to address the findings identified in section 4.044.

4.044 Findings. After consideration of the record and within 60 days from the date of the hearing, the Environmental Commission shall make findings addressing the following matters prior to taking action on the requested exception:

4.0441 The effect of the requested exception on the health, safety, and general welfare of the current and future occupants of the property and of adjacent properties, and the general public;

4.0442 The effect of the requested exception on the natural and human influenced environment of the vicinity;

4.0443 The presence of any exceptional circumstances applying particularly to the property and that do not generally apply in the County, that make strict adherence to the requirements of the ordinance difficult, unreasonably expensive, or impractical;

4.0444 The role of the applicant, if any, in creating the situation bringing about the need for the requested exception; and

4.0445 The relationship of the requested exception to the general intent of the applicable environmental ordinance.

4.045 Action. Based on adopted findings supporting its actions, the Environmental Commission may act: (1) to approve the requested exception as submitted, (2) to approve with conditions, (3) to deny the requested exception, or (4) to table action for up to 35 days pending further information. The Environmental Commission may table action for a longer period with the agreements of applicant. The Environmental Commission may establish as one of the conditions of approval of an exception to the requirements that the applicant enter into a contract establishing the applicant's obligation to adhere to the requirements and conditions of the exception.

Section 4.06 Appeal of Environmental Commission Actions.

Appeals of the decisions of the Environmental Commission shall be to District Court. Appeals must be taken within thirty (30) days after the Director has sent a notice of the Commission's action to the person affected by the decision.

Article V. Penalties and Enforcement

Section 5.00 Enforcement Policy.

5.001 Voluntary Compliance. The purpose and intent of the environmental ordinances will normally be best served if the Director seeks to have violations corrected and brought into compliance voluntarily and without relying on legal proceedings.

5.002 Priority of Civil Action. If legal proceedings are necessary, it is the policy of the County that mechanisms such as injunctions, contractual remedies, and other civil actions are preferable to criminal actions in most enforcement circumstances related to environmental ordinances.

5.003 Enforcement Powers. The Director may request the County Attorney to initiate and pursue any or all lawful remedies in enforcing ordinances and agreements related to environmental and public health or safety protection. The imposition of a fine or sentence does not exempt the offender from complying with the requirements of the ordinance.

5.004 Violation Misdemeanor. Any person who violates an environmental ordinance, allows a violation to exist on property under his control, or fails to take action to abate the existence of the violation when notified or ordered by the Director, shall be guilty of a petty misdemeanor, misdemeanor, or gross misdemeanor, as established in the applicable ordinance and law. Upon conviction, punishment shall be as provided by law. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Section 5.02 Enforcement Procedures.

5.021 Director to be Notified of Violations. Whenever a violation of an environmental ordinance is known or suspected to exist or expected to be committed, any person may so notify the Director. Any officer and agency of Olmsted County may notify the Director of any information which suggests that a violation exists or is expected to be committed.

(As amended on 9/26/00 by Resolution #00-87)

5.022 Director to Investigate Violations. Upon receiving any information which suggests a violation, the Director shall conduct an investigation to determine whether a violation exists or is reasonably expected to be committed. Where authorized by court order or other law, the Director is hereby empowered to cause any building, other structure, or tract of land to be inspected and examined. Where necessary, the Director may call upon the Sheriff for assistance.

5.023 Notice of Violation. If it is determined that violation exists or is reasonably expected to be committed the Director shall, after seeking voluntary compliance, promptly give notice by regular, certified, or registered mail, or by personal service, to the licensee, permittee, and/or owners of record for tax purposes of the property involved. The notice shall indicate (1) the location and nature of the violation, (2) the provision or provisions of the applicable law or ordinance which have been or are expected to be violated, 3) the time period during which the owner will be allowed to correct or remove the violation and (4) the action proposed to be taken by the director, if the violation or condition of risk to health or safety is not removed or corrected within the stated time period. A defect in the notice of violation with respect to such matters shall not prevent the enforcement of this ordinance.

(As amended on 9/26/00 by Resolution #00-87)

5.024 Discontinuance of Work. Once the notice of violation has been served, no work shall proceed on any activity covered by such orders, except in a manner consistent with this ordinance or to correct and bring such violation into compliance.

5.025 Enforcement After Time Period Expires. If the time period provided in the notice of violation has elapsed and the alleged violation has not been corrected or brought into compliance, the Director may request the County Attorney to initiate any legal or equitable action which is deemed appropriate. The Director shall act as a complaining witness when necessary to initiate a criminal action against a violation. If a civil action is required, the Director shall request the County Board to authorize such action.

Section 5.04 Enforcement Remedies.

5.041 Equitable Relief. In the event a violation exists or there is a threat of violation of this ordinance, the Director may take appropriate action necessary to prevent, restrain, correct, or abate such violations or threatened violations. Such action may include application for injunctive relief, action to compel performance, or other appropriate action in court.

5.042 Citation. As authorized by Minnesota Statute 626.862, as amended, and County Board Resolution, the Director may issue a citation upon finding violation of an environmental ordinance.

5.043 Suspension or Revocation of Licenses and Permits. Licenses and permits issued under the authority of environmental ordinances or other ordinances administered by the County may be suspended or revoked under the following circumstances:

5.0431 By Order of Director. A Director may suspend or revoke a permit or license, without Environmental commission hearing, where the Director finds (1) an imminent threat or danger to public health or the environment or (2) a violation or applicable provisions of an ordinance or permit which may result in construction or operations that threaten the public's health or safety or the environment. The Director shall promptly notify the chairperson of the Environmental Commission of such action.

5.0432 By Environmental Commission Hearing. The Environmental Commission, after written notice and review of the case at a public hearing, may suspend or revoke any license or permit for cause. Such cause shall include but is not limited to any violation of the environmental ordinance under which the license or permit was issued, or violation of any other state, federal, or local law, ordinance, rule, or regulation relating to the subject matter for which the license or permit was issued. Such action shall specify the date and time that the suspension or revocation shall take effect and, if applicable, any conditions for reinstatement.

5.044 Other Remedies. Where other statutes, rules, or ordinances provided other remedies for violations of law, the selection of a remedy under this ordinance shall not preclude the use of those other remedies, nor shall the selection of those other remedies preclude the use of remedies under this ordinance.

Section 5.06 Recovering Cost of Correcting Nuisances.

5.061 Civil Action or Special Tax. The Director may make corrections of a public nuisance or public health nuisance at County expense. Such costs incurred for corrective action may be recovered in civil action in any court of competent jurisdiction, or by direction of the County Board, the costs may be certified to the County Auditor as a special tax against the real property as provided by law.

5.062 Authorization. Actions to make corrections of public nuisance or public health nuisance at County expense must be authorized by the Environmental Management Team. A follow up report of the corrective action and costs will be made to the Environmental Commission.

(As amended on 9/26/00 by Resolution #00-87)

Article VI. Effective Date

This ordinance shall be in full force and effect upon adoption and publication pursuant to Minnesota law.

Dated this 13th day of July, 1992.

(And amended on 9/26/00 by Resolution #00-87)


Michael Podulke, Chairperson


Richard G. Devlin, Clerk Administrator

(As amended on 9/26/00 by Resolution #00-87)