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Agenda - Council - 04/05/2011 - Special
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Agenda - Council - 04/05/2011 - Special
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3/18/2025 2:00:09 PM
Creation date
3/31/2011 5:16:58 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
04/05/2011
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Single parcelsof residential or agricultural land of not less than 20 acres <br />and having a width of not less than 500 feet where theconveyance does <br />not result in the division of the parcel into two or more lots or parcels, <br />any one of which is less than 20 acres in area or 500 feet in width. <br />1.Enforcement <br />Any owner or agent of the owner of land who conveys a lot or parcel in <br />Minn. Stat. § 462.358 <br />subd 4b (d), (e) <br />violation of this state law may be required to pay to the city a penalty of not <br />less than $100 for each lot or parcel so conveyed. In addition, the city may <br />ask a court to stop or prevent the conveyance or may recover thepenalty by <br />filing suit in court. <br />2.City option to grant waivers <br />Cities may opt to waive enforcement of this statute in instances where the <br />Minn. Stat. § 462.358 <br />subd 4b (c) <br />city determines that enforcing this prohibition on recording willcreate an <br />unnecessary hardship, andfailure to comply does not interfere with the <br />purpose of the subdivision regulations. <br />The city may waive this statute by adoption of a resolution,and the <br />conveyance may then be filed or recorded. <br />C.Civil remedies <br />City ordinance provisions may allow thecity to deny issuance of permits and <br />Minn. Stat. § 462.358 <br />subd 2a <br />approvals for any tracts, lots, or parcelsfor which subdivision approval has <br />not been obtained. This provision applies not only to subdivision permits, but <br />building, occupancy,and zoning permits as well. <br />A city may also enforce its subdivision ordinance by requesting an injunction <br />Minn. Stat. § 462.362 <br />(a court order requiring someone to stop a particular activity or type of <br />conduct) or other appropriate remedy from the court. <br />D.Criminal remedies <br />Cities may provide for criminal penalties for violation of the city subdivision <br />Minn. Stat. § 462.362 <br />ordinance. In an ordinance, cities may designate ordinance violations as <br />Minn. Stat. § 169.89, <br />subd. 2. <br />misdemeanors or petty misdemeanors. Cities may impose maximum <br />Minn. Stat. §§609.02, <br />penalties for misdemeanors of a $1,000 fine or 90 days in jail, or both. In <br />subds. 3, 4a; <br />addition, the costs of prosecution may be added. The maximum penalty for a <br />609.0332;609.034. <br />petty misdemeanor is a fine of $300. <br />See Handbook, Ch.7 <br />for information on <br />prosecution <br />responsibilities for <br />violations of local <br />ordinances <br />SGC35 <br />UBDIVISION UIDE FOR ITIES <br /> <br />
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