SUBDIVISION 2203. Decision.
Unless otherwise provided in this Ordinance, within sixty-nine (69) days after the hearing, the
Board or Council shall make its decision deciding the matter and serve a copy of such decision
upon the applicant or the petitioner by mail.
SECTION 2300. FEES, CHARGES AND EXPENSES.
The City of Rushford Village Council shall establish a schedule of fees, charges and expenses,
and a collection procedure for zoning permits, conditional use permits, variances, appeals or
amendments, and other matters pertaining to this Ordinance. The schedule of fees shall be
posted in the Office of the Zoning Administrator and / or City of Rushford Village Clerk. No
zoning permit, certificate, conditional use permit or variance shall be issued unless or until such
costs, charges, fees or expenses have been paid in full, nor shall any action be taken on
proceedings by the Planning Commission, Board of Adjustment and / or Council unless or until
all preliminary fees and charges have been paid in full.
SECTION 2400. VIOLATIONS, PENALTIES ENFORCEMENT, AND
SUBDIVISION 2401. Complaints regarding violations.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may
file a written complaint with the Zoning Administrator. Such compalaint shall state fully the
causes and basis thereof. The Zoning Administrator shall record properly such complaint,
immediately investigate, and take action thereon as provided by this Ordinance.
SUBDIVISION 2402. NOTICE OF VIOLATION.
2402.1 The Board or Council, may upon receiving a complaint or other notification that this
Ordinance is being violated, instruct the Zoning Administrator to issue a notice to the
owner of record, ordering compliance within a period of ten (10) days of the mailing date
(postmark) of said notice.
2402.2 If the owner of record fails to comply with said notice of violation, the Board or Council
may order the measures for compliance and bill said owner for the costs. If the owner
fails to pay the costs billed, said costs shall be collected according to the terms and
conditions of Rushford Village Ordinance 2. Regulations for the collection of unpaid
services and other charges.
SUBDIVISION 2403. Violations and penalties.
A. Any person who shall violate any of the provisions of this Ordinance or who shall fail to
comply with any of its requirements (including violations of conditions and safegurads
established in connection with grants of Conditional Use Permits and Variances) or who shall
make any false statement in any document required to be submitted under the provisions of this
Ordinance, shall be guilty of a Misdemeanor and subject to the maximum penalty for a
Misdemeanor in accordance with the Statutes of the State of Minnesota. Each day that a
violation continues shall constitute a separate offense.
B. Nothing herein contained shall prevent the City of Rushford Village from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions may include but
are not limited to:
(1) In responding to a suspected Ordinance Violation, the Zoning Administrator and Council
may utilize the full array of enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of Flood Insurance availability to the
guilty party. The community must act in good faith to enforce these official controls and to
correct Ordinance Violations to the extent possible so as not to jeoperdize its eligibilty in the
National Flood Insurance Program.
(2) When an Ordinance Violation is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and
document the nature and extent of the violation of the official control. As soon as is reasonable
possible, this information if necessary will be submitted to the appropriate Department of Natural
Resources and Federal Emergency Management Agency Regional Office along with the
community’s plan of action to correct the violation to the degree possible.
(3) The Zoning Administrator shall notify the suspected party of the requirements of this
Ordinance and all other official controls, and the nature and extent of the suspected violation of
these controls. If the structure and / or use is under the construction or development, the Zoning
Administrator may order the construction or development immediately halted until a proper
permit or approval is granted. If the construction or development is a;ready completed, then the
Zoning Administrator may either (1) Issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or structure into compliance with the official
controls, or (2) Notify the responsible party to apply for an after-the-fact permit / development
approval within a specified period of time not to exceed thirty (30) days.
(4) If the responsible party does not appropriately respond to the Zoning Administrator within
the specified period of time, each additional day that lapses shall constitute an additional
violation of this Ordinance and shall be procecuted accordingly. The Zoning Administrator shall
upon the lapse of the specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Ordinance.
SUBDIVISION 2404. Mandamus proceedings.
Any resident or group of residents of the City of Rushford Village may institute mandamus
proceedings in District Court to compel specific performance by the proper official or officials of
any duty required by this Ordinance.
SECTION 2500. AMENDMENTS TO THE ZONING ORDINANCE.
SUBDIVISION 2501. Powers.
T he City of Rushford Village Council may on its own notion, or on petition or appeal of an
affected property owner or owners:
A. Transfer land, or a portion thereof, from the District in which it is situated into another
District, by amendment to this Ordinance.
B. Change any of the provisions of this Ordinance as to the use of land in any Disrict, or as
to the restrictions upon building or structures herein, by amendment to this Ordinance.
C. The term “Affected Property Owner” for the purpose of this Subdivision shall mean an
owner of property for which an amendment is proposed, and owner of adjoining property
for which an amendment is proposed, any person who states in writing to the Board of
Adjustment that he will be affected by a decision made upon an application for an
amendment and who states facts showing how he will be affected, or an owner of
property annexed or consolidated or to be annexed or consolidated.
SUBDIVISION 2502. Procedure.
A proposed amendment not initiated by the City of Rushford Village Council shall be filed with
the Zoning Administrator in duplicate, and accompanied by a fee as provided in Section 2300 of
this Ordinance. The Zoning Administrator shall forward one (1) copy to the Board of
Adjustment for study and report to the City Council. The proposed amendment may not be acted
upon by the Council until it has received the recommendation of the Board on the proposed
amendment or until sixty (60) days have elapsed from the date of reference of the proposed
amendment without a report of the Board.
SUBDIVISION 2503. Notification and public hearing.
2503.1 Upon receipt of any application for amendment, the Board of Adjustment shall set a
time and place for a public hearing within forty (40) days and give notice thereof as provided in
Section 2200 of this Ordinance.
2503.2 All amendments concerning Floodway and Flood Fringe portions of the Floodplain
District must be submitted to and approved by the Commissioner of Natural Resources prior to
SUBDIVISION 2504. Adoption.
2504.1 The City of Rushford Village Council upon receiving the report (s) of the Board of
Adjustment, and without further public hearing, may vote upon the adoption of any proposed
amendment or may refer it back to the Board of Adjustment for further consideration.
2504.2 In considering such recommendations of the Board of Adjustment due allowance shall be
made for existing conditions, for the conservation of property values, for the direction of building
development to the best advantage of the entire City of Rushford Village and for the uses to
which the property affected is being devoted at the time, and no change shall be recommended
unless it is required for the public good.
2504.3 The proposed amendment shall be effective only be two-thirds (2/3) affirmative vote of
all members of the City of Rushford Village Council.
2504.4 There is no specified time limit within which the City of Rushford Village Council shall
be required to vote upon a proposed amendment, except that it is the intent of this Ordinance that
the Council shall vote upon a proposed amendment within a reasonable time after study and
investigation of the proposed amendment has been completed by the Board and/or Council.
SECTION 2600. VALIDITY.
Should any Section, Subdivision or Provishion of this Ordinance be declared to be invalid by a
Court of competent jurisdiction, such decision shall not affect the validity if the Ordinance as a
whole or any part thereof other than the part so declared to be invalid.
SECTION 2700. REPEAL OF CONFLICTING ORDINANCES.
All Ordinances or parts of Ordinances in conflict with this Zoning Ordinance, or inconsistent
with provisions of this Ordinance, are hereby repealed to the extent necessary to give this
Ordinance full force and effect.
SECTION 2800. EFFECTIVE DATE.
This Ordinance shall become effective and in force from and after its public hearing held on the
Second (2) Day of May 2000.
Recommended by the Board of Adjustment:
Date January 18,2000. ___________________
Passed by the City Council of Rushford Village this fifteenth (15) day of August 2000.
MAYOR – Donn Ramsey
CLERK – Judy Graham
EFFECTIVE: AUGUST 15, 2000.