[Ord. No. 2994 §1, 3-15-2005]
The administration of this Chapter shall be the responsibility
of the office of the City Engineer.
[Ord. No. 2994 §1, 3-15-2005]
Variations from these standards, provisions and specifications
may be granted when it is demonstrated to the satisfaction of the
Board of Aldermen that, owing to special conditions, a strict adherence
to the provisions of this Chapter will result in unnecessary hardship,
and that the spirit and intent of this Chapter will be observed through
other means. A request for variation shall be filed by the owner,
seeking to develop or change the use of this property, or his/her
agent with the Code Administrator who shall refer it, together with
his/her recommendation, to the Board of Adjustment for decision. The
request for variation shall be written and shall state specifically
what variation is sought and the public's interest in granting the
variation.
[Ord. No. 2994 §1, 3-15-2005]
In the interpretation and application of this Chapter, the provisions
expressed herein shall be held to be the minimum requirements and
shall be liberally construed in favor of the City.
[Ord. No. 2994 §1, 3-15-2005]
A. In
any event where work performed does not meet or exceed the provisions
of the approved stormwater management plan and specifications, a written
notice to comply shall be served upon the developer. Such notice shall
set forth the nature of the correction required and the time within
which corrections shall be made. Failure to comply with such notice
shall result in the issuance of a stop work order applicable to all
construction activity except that necessary for correction of the
violation. Upon correction of the violation, the stop work order shall
be voided and construction may resume.
1. Bond forfeiture. In the event of continued violation
of the approved stormwater management plan, a public hearing on the
matter shall be conducted by the Board of Adjustment. Written notice
of such hearing shall be served upon the developer by registered mail
and shall state:
a. The grounds for complaint.
b. The time and place of such hearing.
B. Such
notices shall be served at least fifteen (15) days prior to the date
set for the hearing. The Code Administrator shall publish a public
notice of said hearing in a newspaper of general circulation a minimum
of one (1) time prior to the date of the hearing. At any such hearing,
the developer shall be given an opportunity to be heard, and he/she
may call witnesses and present evidence on his/her behalf. After such
hearing, if the Board of Adjustment concludes that the issuance of
additional correction notices would be futile, any bonds or cash deposits
posted with the City shall be forfeited, whereupon said security shall
be used for completion of the stormwater management plan as approved.
[Ord. No. 2994 §1, 3-15-2005]
Any person, firm or corporation who violates or fails to comply
with any of the provisions of this Chapter shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00)
per lot. A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.