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Municode Page 8 of 8 <br />(4) <br />(i) The final decision taken by the city has previously received <br />certification of approval from the commissioner; <br />(ii) The city received certification of approval after its final decision; <br />(iii) 30 days have elapsed from the commissioner received notice of <br />the final decision, and the city has received from the <br />commissioner neither certification of approval nor notice of non - <br />approval; or <br />(iv) The commissioner certifies approval within 30 days after <br />conducting a public hearing. <br />4. In the case the commissioner gives notice of non -approval of an <br />ordinance, variance, or inconsistent plat, either the applicant or the <br />administrator may, within 30 days of said notice, file with the <br />commissioner a demand for hearing. If the demand for hearing is not <br />made within 30 days, the notice of non -approval shall become final. <br />(I) The hearing will be held in an appropriate local community within <br />60 days of the demand and after at least two weeks published <br />notice. <br />(ii) The hearing will be conducted in accordance with Minn. Stats. § <br />103G.311. <br />(iii) The commissioner shall either certify approval or disapproval of <br />the proposed action within 30 days of the hearing. <br />5. The following recreational uses shall require certification approval by the <br />commissioner: <br />(I) Governmental campgrounds. <br />(ii) Private campgrounds. <br />(iii) Public accesses, road access type with boat launching facilities. <br />(iv) Public accesses, trail access type. <br />(v) Temporary docks. <br />(vi) Other governmental open space recreational uses. <br />Enforcement. <br />a. It is declared unlawful for any person to violate any of the terms and provisions <br />of this subdivision. Violation thereof shall be a misdemeanor. Each day that a <br />violation is permitted to exist shall constitute a separate offense. <br />b. In the event of a violation or a threatened violation of this subdivision, the city <br />or the commissioner of natural resources, in addition to other remedies, may <br />institute appropriate actions or proceedings to prevent, restrain, or abate such <br />violations or threatened violations. <br />c. Any taxpayer of the city may institute mandamus proceedings in the district <br />court to compel specific performance by the proper official of any duty required <br />by this subdivision. <br />(Code 1978, § 9.21.07; Ord. No. 75-08, 6-27-1975; Ord. No. 85-02, 8-12-1985; Ord. No. 86-2, 8-25-1986; Ord. No. <br />88-11, 3-19-1989) <br />http://library.municode.com/print.aspx?h=&clientlD=14286&HTMRequest=http%3a%2f%... 8/2/2013 <br />