Ordinance - #14-09 - 09/23/2014 - Laserfiche WebLink

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Sec. 117 -408. - Variance. In any case where, upon application of the responsible person, the city finds that by reason of exceptional circumstances, strict conformity with this subdivision would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purposes of this subdivision. (1) Variance request. The variance request must be in writing, will be reviewed by staff and forwarded to the public works committee. (2) Variance response. The variance response must be in writing, and include the justification for either granting or denying the requested variance. (3) Time limit. The variance shall become void one year after being granted, unless used. (4) Revocation. If any of the variance's conditions are violated, the city may revoke the variance. (Code 1978, § 9.27.22; Ord. No. 06 -32, § 1, 11 -28 -2006) Sec. 117 -409. - Enforcement. (a) The City shall be responsible enforcing this subdivision. (b) The City shall document reports received from the public regarding stormwater noncompliance on construction site. The report shall include the date and time of the complaint, the reporting party information. The report shall also include the results of the site inspection, corrective actions ordered and the closure of the complaint. The reports shall be retained for a minimum of five (5) years. (c) Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be . subject to a fine or imprisonment or both. All land use and building permits must be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Sec. 117 -410. - Right of entry and inspection. (a) The applicant shall allow the city and their authorized representatives, upon presentation of credentials to: (1) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, surveys or investigations. (2) Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. (3) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. (4) Inspect the stormwater pollution control measures required by the city. (5) Sample and monitor any items or activities pertaining to permits issued by the city. (6) Abrogation and greater restrictions. It is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this subdivision imposes greater