[R.O. 2008 §560.220; Ord. No. 5430 §1, 6-25-1996]
A.
The
City Council may grant a variance from the requirement of this Chapter
if there are exceptional circumstances applicable to the site such
that strict adherence to the provisions of the Chapter will result
in unnecessary hardship and not fulfill the intent of the Chapter.
B.
A written
request for a variance submitted to the Director of Public Works shall
be required and shall state the specific variance and the reasons,
with supporting date, for their granting. The request shall include
descriptions, drawings, calculations and any other information that
is necessary to evaluate the proposed variance.
C.
Any
substantial variance form of the storm water management plan or concept
plan shall be referred to all agencies which reviewed the original
plan.
D.
The
Public Works Department will conduct a review of the request for a
variance and submit findings to the City Manager for recommendation
to the City Council.
[R.O. 2008 §560.230; Ord. No. 5430 §1, 6-25-1996]
A.
Review Of Director Of Public Works Decision. Any individual
company or corporation aggrieved or prejudiced by decision of the
Director of Public Works or his/her designee concerning the Storm
Water Management Ordinance shall be entitled to request or review
of said decision. Said review shall be conducted by the City Manager
pursuant to the following procedure:
1.
The City Clerk shall maintain a form for requesting review before
the City Manager.
2.
Said request shall be filed within ten (10) days of the applicant's
receipt of notice of the decision which is being reviewed. Said request
for review shall state the specific manner in which the decision of
the Director of Public Works is alleged to be in error.
3.
Upon receipt of the request for review, the City Manager shall immediately
notify the Director of Public Works and the Director shall have five
(5) days in which to submit a written response of said request for
review.
4.
Within ten (10) days after receiving the response of the Director
of Public Works or within fifteen (15) days of the filing of the notice
of appeal, if no such response is submitted, the City Manager shall
render a decision affirming, reversing or modifying the decision of
the Director of Public Works. In the alternative, if deemed appropriate
by the City Manager, the City Manager may decline to render a decision
and direct the matter to be submitted to the City Council and a review
conducted pursuant to the following paragraphs.
B.
Review Of City Manager Decision. Any individual, company
or corporation aggrieved or prejudiced by the decision of the City
Manager concerning the Storm Water Management Ordinance shall be entitled
to request review of said decision. Said review shall be conducted
by the City Council pursuant to the following:
1.
City Clerk shall maintain a form requesting a review before the City
Council.
2.
Said request shall be filed within fifteen (15) days of the applicant's
receipt of notice of the decision of the City Manager which is being
reviewed.
3.
The notice of appeal shall state the specific reason why the decision
of the City Manager is alleged to be in error.
4.
Upon receipt of the appeal, the City Clerk shall immediately notify
the City Manager of the receipt of the appeal and the City Manager
shall have a period of five (5) days in which to prepare a written
response to said appeal. A copy of said response shall be provided
to the appellant.
5.
The hearing shall be held before the City Council not less than twenty-one
(21) days after receipt by the City Clerk of the request for review,
unless extended by the City Council upon mutual agreement of the parties
or for good cause shown.
6.
At the hearing, the City Council shall have the right to examine
the drawings, diagrams, books, records and papers pertinent to the
issues before it. The City Council shall have the power to issue any
necessary subpoenas over the signature of the City Clerk and to issue
all necessary processes to subpoena witnesses to compel by subpoena
duces tecum issued over the signature of the City Clerk, the production
of books, records, paper and other evidence and to administer oaths
and to take testimony.
7.
The individual, company or corporation aggrieved shall have the full
right to be represented by counsel and may produce witnesses and cross
examine all witnesses who may appear against him/her at any hearing
held hereunder. Witnesses may appear voluntarily at such hearing and
testimony. Before any witness shall testify in any such hearing or
proceeding, said witness shall be sworn to tell the truth by the Mayor
or Acting Mayor.
8.
All decisions, finding and orders of the City Council to the proceedings
shall be in writing. Parties to the proceedings shall be notified
of the decision by the City Council by certified mail to the address
listed on the request for review.
9.
Based on the evidence produced at the hearing, the City Council shall
make an order as supported by the evidence, including the following:
a.
Affirm the decision of the City Manager and/or Director of Public
Works.
b.
Reverse the decision of the City Manager and/or Director of Public
Works.
c.
Affirm or reverse the decision of the City Manager and/or Director
of Public Works with such modifications to the appealed decision as
Council deems appropriate and is supported by evidence.
C.
Review Of City Council Decision. Following any decision
or ruling by the City Council relating to the Storm Water Management
Ordinance, any individual, company or corporation aggrieved or prejudiced
by said decision or ruling may seek judicial review of the matter
provided by law. The City Council may stay enforcement of its decision
or ruling for a period of time, not to exceed thirty (30) days, pending
the filing or final disposition of an application for judicial review.
[R.O. 2008 §560.240; Ord. No. 5430 §1, 6-25-1996]
It shall be unlawful for any person to violate any provision
of the Storm Water Management Ordinance. Upon conviction thereof,
such person shall be judged guilty of a ordinance violation and punished
by a fine not exceeding five hundred dollars ($500.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with any provision of the Storm Water
Management Ordinance shall constitute a separate and distinct offense.
[R.O. 2008 §560.250; Ord. No. 5430 §1, 6-25-1996]
At the decision of City Council and in addition to or an alternative
remedy from the provision previously noted herein, the City Attorney
may seek to have the practices, violations or failure to comply with
the provisions of the Storm Water Management Ordinance abated by an
action for injunction or other civil proceedings, to be maintained
in the appropriate Circuit Court for the State of Missouri or other
appropriate forum.
[R.O. 2008 §560.260; Ord. No. 5430 §1, 6-25-1996]
Any applicant or owner of a parcel of land within the jurisdiction
of the municipality who has constructed the required storm water management
facility or who is in the process of meeting the storm water management
requirements of the law at the time of the effective date of this
Chapter may elect to apply to the City Council for reconsideration
under the provisions of this Chapter.
[R.O. 2008 §560.270; Ord. No. 5430 §1, 6-25-1996]
Whenever the provisions of this Chapter impose more restrictive
standards than are required in or under any other ordinance, the regulations
herein contained shall prevail. Whenever the provisions of any other
ordinance require more restrictive standards than are required herein,
the requirement of such shall prevail.
[R.O. 2008 §560.280; Ord. No. 5430 §1, 6-25-1996]
Neither the approval of a plan under the provisions of this
Chapter nor the compliance with the provisions of this Chapter shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law nor shall it impose any liability
upon the municipality for damage to any person or property.
[R.O. 2008 §560.290; Ord. No. 5430 §1, 6-25-1996]
This Chapter shall be effective immediately after passage and
adoption by the municipality and by reference to the Storm Water Management
Design Code.
