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County refunds $776 in penalty fees after finding purchaser did not build unpermitted structures
Summary
Pennington County planning staff recommended and the commission approved refunding $776 in penalty fees to a property purchaser who did not construct the unpermitted structures on the lot; commissioners discussed whether the matter was civil or administrative.
Pennington County commissioners voted July 1 to refund $776 in penalty fees to a property owner who purchased a parcel with previously constructed structures that lacked building permits.
Why it matters: The county's planning staff recommended the refund because staff found the current owner (purchaser Kevin Andreessen) did not construct the unpermitted structures; the penalty fees were assessed when the new owner sought compliance and permits for work performed by a prior owner.
Details: Planning staff described the case: the purchaser acquired a property at 23795 Chuckwagon Court with existing work done without permits (finished basement and other structures). The buyer subsequently sought building permits and was assessed penalty fees. Staff recommended refunding the penalty on the ground the buyer did not authorize the prior work.
Opponents and supporters: Commissioners discussed whether the refund raised precedent concerns and whether disputes between buyer and seller are civil matters. Commissioner Rosknecht argued for a refund based on ordinary practice and fairness; Commissioner Weifenbach questioned the countys role versus civil recourse.
Outcome: The board approved the staff recommendation to refund the $776 penalty on a roll call vote (final vote recorded as 4— 1).
