[Ord. No. 3025, 8-7-2018]
A. 
The City may suspend or revoke any permit associated with the site or any permit associated with the persons holding the permits for the site for non-compliance with the land disturbance permit.
B. 
Procedure.
1. 
Upon discovery of a violation of this Article, the contractor will be notified and given up to seven (7) days to remedy the violation in a land disturbance permit. Extensions of time may be granted in the Director's sole discretion.
2. 
If the violation has not been remedied within the time frame set forth in the notice, a stop-work order may be issued and the permits will be suspended. The stop-work order shall state the reason for the order and the conditions under which the order and suspension will be lifted.
3. 
Any person who shall continue to engage in activity for which a permit is required after having been served with a stop work order, except in such work as that person is directed to perform to remove a violation or unsafe condition, shall be a violation of this Article.
4. 
After two (2) stop-work orders of a permit for the same site for similar violations, the permits shall be revoked. All applicable procedures will have to be followed for reissuance of the permits. Additionally, any remediation or abatement costs will be required to be paid prior to reissuance.
5. 
If the stop-work order has not been lifted through compliance with its terms within thirty (30) days from the date of its issuance, the permit shall be revoked and the violations deemed a nuisance. All applicable procedures will have to be followed for reissuance of the permits. Additionally, any remediation or abatement costs will be required to be paid prior to reissuance.
6. 
A person aggrieved by a decision to revoke any permit provided for herein may appeal the revocation to the City Board of Adjustment.
C. 
Engaging in activity requiring a permit without first obtaining such permit shall be a violation of this Article.
[Ord. No. 3025, 8-7-2018]
A. 
Responsibility For Administration. The provisions of this Article shall be administered and enforced by the Director. The Director shall prescribe forms for attainment of the purposes of this Article and for the proper enforcement thereof. The Director may delegate the administration of this Chapter, or any part thereof, subject to limitations of the ordinances of the City, to duly qualified employees, deputies or agents of the City.
B. 
Interpretation. The provisions of this Chapter shall be the minimum requirements for the protection of the public health, safety and general welfare and shall be liberally and broadly construed and applied to the greatest extent permitted by law in order to promote and protect the public health, safety and welfare. These regulations are not intended to conflict with, abrogate or annul any other rule, law or regulation. Where any provisions of these regulations impose restrictions different than from those imposed by any other regulation, rule or law, the provision which is more restrictive or imposes a higher standard shall control. These regulations are intended to be construed harmoniously and consistently with each other, the City stormwater design manual, and all other applicable rules, laws and regulations.
C. 
Severability. If any part or provision of these regulations is declared invalid or unconstitutional then the remainder of these regulations shall not be declared invalid or unconstitutional but shall remain in full force and effect to the greatest extend permitted by law.
D. 
Penalties And Remedies. In addition to any specific penalties set forth in individual Sections, any person found guilty of violating the provisions of this Chapter shall, upon conviction, be fined not more than five hundred dollars ($500.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. Where a violation is declared a nuisance, all policies and procedures set forth in Chapter 215, Nuisances, of this Code, shall apply.
[Ord. No. 3025, 8-7-2018]
A. 
General. Where undue hardships or practical difficulties may result from strict compliance with this Chapter, the developer may file an application for a variance. The applications shall be directed to the City Board of Adjustment organized and existing under the zoning regulations of the City, which shall have jurisdiction and shall be charged with the duty of hearing and deciding applications for variances from the strict application of the provisions of this Chapter. The Board may grant a variance only if it finds after public hearing and upon competent and substantial evidence that the applicant meets the following criteria:
1. 
The variance shall not have the effect of nullifying the intent and purpose of this stormwater chapter.
2. 
The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements.
3. 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, are not applicable generally to other property, and are not self-imposed.
4. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if this Chapter was strictly interpreted and carried out.
B. 
Conditions. In recommending variances and exceptions, staff may recommend and the Board may require such conditions as will, in the judgment of each, secure substantially the objectives of the standards or requirements of this Chapter.
C. 
Application. An application for a variance shall be submitted at the time of filing for a preliminary plat or for application for a building permit, whenever possible. The application shall be on forms provided by the City and shall state fully the grounds for the request and all facts relied upon by the practitioner. The application shall be filed with the Director and after review thereof the Director shall make a recommendation to the Board to grant or deny the application and state the reasons for his/her recommendation. Either the applicant or the Director may appeal or seek judicial review of any decision of the Board as provided by law.