[R.O. 1993 § 410.340; Ord. No.
785 § 1, 7-18-2005]
A.
After recording an approved plat, it may be vacated by the owner
of the land at any time before the sale of any lot therein, by written
petition to the Board, to which a copy of the plat is attached indicating
the area to be vacated.
B.
When lots have been sold but no buildings constructed thereon, the plat may be vacated in the manner provided in Subsection (A) above by all the owners of lots in the plat joining in the execution of a written petition.
C.
If no opposition be made to the petition, the Board may vacate the
same with such restrictions as they may deem necessary for the public
good. If opposition be made, the petition shall be set for public
hearing before the Board.
D.
If a plat vacation would serve to vacate any street or right-of-way
dedicated to the City or part thereof, the Board may authorize such
vacation in the manner prescribed by law after review by the Commission
and upon determining, in its sole and unlimited discretion, that the
public interest will be served by such action.
E.
The vacation plat shall be recorded in the same manner as final plats.
[R.O. 1993 § 410.350; Ord. No.
785 § 1, 7-18-2005]
A.
Improvement Construction Permit.
1.
Applicability. Prior to the construction of improvements required
under this Chapter, an improvement construction permit shall be obtained
in accordance with this Section.
2.
Issuance Of Improvement Construction Permit. An improvement
construction permit may be issued by the Building Commissioner following
approval of the improvement plans, record plat, issuance of a land
disturbance permit (if required) and payment of required fees.
B.
DNR Land Disturbance Permit. If construction activities disturb land
or entail the grading and/or fill of land, a land disturbance permit
shall be obtained by the petitioner from the DNR. Under such circumstances,
no improvement construction permit shall be issued by the City until
the applicant provides evidence that the DNR land disturbance permit
has been issued.
[R.O. 1993 § 410.360; Ord. No.
785 § 1, 7-18-2005]
[R.O. 1993 § 410.370; Ord. No.
785 § 1, 7-18-2005]
A.
Building Commissioner And Street Commissioner. The provisions of
this Chapter shall be administered and enforced by the Building Commissioner
and Street Commissioner who may divide enforcement duties between
them and/or have the following duties and authority with respect to
this Chapter:
1.
Shall serve as the administrative officer in charge of carrying
out the provisions of this Chapter.
2.
May supplement the standards contained in this Chapter with
additional engineering design standards, as necessary, to accomplish
the purposes and intent of this Chapter.
3.
May designate one (1) or more City staff or consultants to act
for them and the term "Building Commissioner" or "Street Commissioner,"
as used elsewhere in this Chapter, shall be deemed to include such
deputies.
4.
May cause the cessation of any construction or reconstruction
of any land improvements which are in violation of this Chapter by
issuing a stop-work order.
5.
May adopt procedures, as necessary, for carrying out administration
and enforcement responsibilities.
B.
Inspection Of Land And Improvements. The Building Commissioner and
Street Commissioner are authorized to inspect or cause to be inspected
any property in the City upon which any subdivision of land or site
improvements are proposed or are in progress so as to ensure compliance
with the provisions of this Chapter.
C.
Violations And Penalties.
1.
No property description or plat of any subdivision within the
jurisdiction of this Chapter shall be entitled to be recorded in the
office of the Recorder or have any validity until it has been approved
in a manner prescribed in this Chapter. In the event any such unapproved
property description or plat is recorded, it shall be considered invalid
and the City shall institute proceedings to have such plat declared
invalid.
2.
Any person violating any provision of this Chapter shall be
fined not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) or confined for a period not to exceed ninety
(90) days, or both fined and confined.
3.
In addition to any other penalties established for violations
of any of the provisions of this Chapter, the official responsible
for enforcement of any such provisions may apply to a court of competent
jurisdiction for such legal or equitable relief as may be necessary
to enforce compliance with the provisions of this Chapter and any
other ordinances adopted by the City. In such action the court may
grant such legal or equitable relief, including, but not limited to,
mandatory or prohibitory injunctive relief, as the facts may warrant.
D.
Issuance Of Summons. The Code Enforcement Officer or any Law Enforcement
Officer employed by the City is hereby authorized to issue a summons
to any person violating any of the terms of this Chapter and, thereafter,
such summons shall be prosecuted as all other violations of the Bel-Nor
Municipal Code.
[R.O. 1993 § 410.380; Ord. No.
785 § 1, 7-18-2005]
Whenever the strict application of any of the requirements contained
in this Chapter would result in real difficulties and substantial
hardships or injustices, the Board may, after recommendation by the
Commission, grant a variance or modification of such requirements
so that the subdivider may be allowed to develop his/her property
in a reasonable manner, but so that, at the same time, the public
welfare and the interest of the City are protected and the general
intent and the spirit of this Chapter are preserved.
[R.O. 1993 § 410.390; Ord. No.
785 § 1, 7-18-2005]
The provisions of this Chapter may be amended from time to time
by the Board after holding a public hearing, notice of which shall
be given as required by law.
[R.O. 1993 § 410.400; Ord. No.
785 § 1, 7-18-2005]
It is hereby declared to be the intention of the Board that
the provisions of this Chapter are severable. If any part of this
Chapter is declared invalid by any court of competent jurisdiction,
such ruling shall not affect or impair the integrity or validity of
the remainder of this Chapter or its application to other persons,
property or circumstances. The Board declares that provisions of this
Chapter not ruled to be invalid would have been enacted, even without
the provisions ruled invalid.
