[R.O. 1991 § 520.010; Ord. No. 2898-14 § 1, 7-1-2014[1]]
It is the intent of the City of Smithville to create a new rule-making authority for design and construction standards in this Article. Until such time as such authority is exercised in accordance with these new provisions, all previously adopted design and construction standards specifically approved by the Board of Aldermen shall remain in full force and effect until amended or replaced in accordance with this Article.
[1]
Editor's Note: This ordinance also repealed former Ch. 520, Streets, Sidewalks and Other Public Rights-of-Way, adopted 9-6-2011 by Ord. No. 2797-11 § 1, as amended.
[R.O. 1991 § 520.020; Ord. No. 2898-14 § 1, 7-1-2014]
The City Administrator is hereby authorized to propose, adopt, amend or rescind rules and regulations regarding the design, construction, access to the streets, sidewalks, alleys or other public ways, the stormwater system, the sewerage system and water system of the City of Smithville, and right-of-way management standards.
[R.O. 1991 § 520.030; Ord. No. 2898-14 § 1, 7-1-2014]
A. 
No proposed rule or regulation promulgated pursuant to the authority of Section 520.020 shall be adopted unless:
1. 
Notice of a proposed rule or regulation is posted in the office of the City Clerk along with three (3) copies of the entire proposed rule or regulation and an explanation of the proposed rule or regulation or the change to an existing rule or regulation. Such notice shall include a statement that any person may file a statement in support of or in opposition to the proposed rule-making with the City Administrator within 30 days of filing with the City Clerk.
2. 
Notice of the proposed rule or regulation shall be published twice in a newspaper of general circulation in the City for two (2) consecutive weeks, and shall include:
a. 
A description of the proposed rule or change;
b. 
A notice that any person may file a statement in support of or in opposition to the proposed rule-making with the City Administrator within thirty (30) days of first publication of such notice; and
c. 
A notice that copies of the text of the rule are on file with the City Clerk for public review.
3. 
Within thirty (30) days following the end of the public comment period, the Director shall file findings and explanations that discuss any public comments received with the City Clerk along with any amendments to the original proposed rule. Any such findings, explanations and amendments shall be forwarded to each person having made comment on the original rule. In the event that the City Administrator fails to file the findings, explanations and any desired amendments within the required thirty-day period, the proposed rule shall be deemed abandoned.
4. 
Within ten (10) days after filing findings, explanations, and any amendments to the original proposed rule, the City Administrator shall issue and file with the office of the City Clerk a final order of rule-making which shall include a complete copy of the final text of the order. The final order of rule-making shall become final ten (10) days after such filing.
5. 
In the event that the City Administrator has received no comment at the end of the public comment period in Subsection A(1) and (2), above, the City Administrator shall within ten (10) days issue and file with the City Clerk a final order of rule-making which shall become final ten (10) days after filing with the City Clerk.
B. 
The procedure for amending or rescinding any rule promulgated under the provisions of this Section shall be the same as the procedure for adopting a new rule as described in Subsection (A) above.
C. 
The City Administrator is hereby authorized to adopt rules on an emergency basis if, in the Administrator's opinion, the adoption of such a rule is necessary to protect the health, safety, and welfare of the citizens of Smithville. Such emergency rule shall be effective only during the interim period between the initiation of the formal rule-making process above and the adoption of the final rule, provided that no such emergency rule may be effective for longer than ninety (90) days, and that the rule states in clear and specific terms the facts and reasons constituting the emergency and the danger to the health, safety, and welfare of the citizenry.
[R.O. 1991 § 520.050; Ord. No. 2898-14 § 1, 7-1-2014]
Any person aggrieved of any decision of the City Administrator pursuant to this Chapter, or the application of any rule promulgated pursuant to Section 520.030, may appeal such decision or rule to the Board of Adjustment in accordance with Section 400.630.