Except as otherwise expressly provided herein, the landscape
administrator is the city official authorized to enforce all provisions
of this chapter, and shall have all powers necessary to do so, including
but not limited to the following:
(a)
Authority
to inspect.
The landscape administrator shall have the
right to inspect premises where required in the discharge of the responsibilities
of the landscape administrator under this chapter.
(b)
Interpretation.
The landscape administrator is authorized to determine the intent
of the city council in enacting this chapter where it is alleged there
is error, ambiguity, conflict, or other need for interpretation of
this chapter, including an allegation of conflict with other ordinances
of the city.
(c)
Permits
for reconstruction.
The landscape administrator is authorized
to inform the chief building official whether it is appropriate under
this chapter to withhold issuance of a building permit or a certificate
of occupancy for failure to comply with the provisions of this chapter,
including concerning the reconstruction of an existing structure on
a property on which the landscaping would be nonconforming under this
chapter.
(d)
Approval
of plans and permits.
In approving any proposed landscape
plan or other request, the landscape administrator may designate such
conditions, including time limits if appropriate, in connection therewith
in order to substantially secure the objectives and preserve the integrity
of this chapter. When necessary the landscape administrator may require
guarantees, in such form as it deems proper, to insure that conditions
designated in connection therewith are being or will be complied with.
[Ord. No. 1109-08, § 1, 3-11-2008]
(a)
Conditions.
The city council may grant a variance from the terms of this
chapter. An individual may request a variance of a requirement of
this chapter by filing written notice of such application for a variance
with the landscape administrator and by providing the city secretary
a copy of such notice. The burden of proof in such appeal shall be
on the party appealing the decision. Such variance should be granted
based only upon all of the following criteria being met:
(1)
Any
variance may not be based solely upon monetary or financial considerations;
(2)
Any
variance may be granted only upon a showing that the unique aspects
of the property at issue make compliance with all of the provisions
of this chapter impractical or unreasonably difficult, such that strict
compliance is impractical or would impose an unreasonable financial
cost on the applicant significantly disproportionate to that incurred
by other property owners covered by this chapter;
(3)
Any
variance granted should vary the terms of this chapter only to the
extent necessary to accommodate the unique aspects of the property
at issue;
(4)
Any
variance may not be based upon conditions substantially created by
the applicant;
(5)
Any
requested variance must be clearly shown on the proposed landscape
plan.
[Ord. No. 1109-08, § 1, 3-11-2008]
Any aggrieved person may appeal any decision made by the landscape administrator with regard to the requirements of this chapter to the city council by filing written notice of such appeal with the landscape administrator and by providing the city secretary a copy of such notice within ten days of the date of the decision being appealed. Every application for an appeal shall be accompanied by a filing fee in the amount established in the fee schedule contained as Appendix A to this Code. The burden of proof in such appeal shall be on the party appealing the decision. The decision of the city council shall be final.
[Ord. No. 1109-08, § 1, 3-11-2008]
(a)
Violation
procedures.
If the landscape administrator shall find
any of the provisions of this chapter are being violated, the landscape
administrator shall notify the owner of the property, personally or
in writing and give the owner ten days to cure the violation. Written
notice may be delivered in person or by mail to a violator or to any
person in charge of property where a violation is occurring. The landscape
administrator may give verbal notice to a violator in person. Either
notice shall be effective. If the violation has not been cured after
such ten-day period, the landscape administrator may issue a citation
to the owner every day the property remains in violation of this chapter.
(b)
Highest
standard governs.
Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the requirements that are most restrictive
or that impose higher standards as determined by the landscape administrator
shall govern.
[Ord. No. 1109-08, § 1, 3-11-2008]
