Brownsville City Zoning Code

No person shall sell any lot in a subdivision until the final plat for the subdivision has been approved by the City and recorded.

No person shall sell any parcel in a major partition until that partition has been approved by the City.

Hearing. Before the Planning Commission may take action on a tentative plan, it shall hold a public hearing. Notification of the hearing shall be by posting the property to be developed with at least one notice of the hearing giving the date and place of the hearing; notifying by mail the subdivider and abutting property owners which are listed as owners of record by the County Assessor of Linn County; and publication of notice in a newspaper of general circulation in the City. All notices of hearings shall be posted, mailed and published at least 10 days prior to the date of the scheduled hearing. The subdivider shall provide to the City the list of names and addresses of all property owners who are to receive the notice of hearing by mail. Failure of a property owner to receive the notice of the hearing shall not impair the validity of the hearing or of the action taken by the Commission.

Within 60 days following the public hearing, the Planning Commission shall take action on the tentative plan and the reports of appropriate officials and agencies.

The Planning Commission may approve the tentative plan as submitted, or as it may be modified. If the Planning Commission does not approve the plan, it shall express its disapproval and its reasons therefor. Any conditions of tentative plan approval shall also be expressed.

Approval of the tentative plan shall indicate approval of the final plat if there is no change in the plan of the subdivision as approved by the City and if the subdivider complies with the requirements of this chapter and of the provisions of ORS 92.010 through 92.160.

The action of the City Planning Commission shall be noted on three copies of the tentative plan, including reference to any attached documents describing conditions. One copy shall be returned to the subdivider, one to the City Recorder, and the other shall be retained by the Planning Commission.

Decisions of the Planning Commission may be appealed to the City Council.

Within six months after approval of the tentative plan, the subdivider shall prepare a final plat in conformance with the approved tentative plan, the provisions of this chapter and the provisions of ORS 92.010 through 92.160.

The subdivider shall submit the original drawing as required by ORS 92.080 and any supplementary information to the City Administrator for review and approval.

If the subdivider wishes to proceed with the subdivision after the expiration of the six-month period following approval of the tentative plan by the Planning Commission, he/she must resubmit the tentative plan to the Planning Commission and make any revisions considered necessary to meet changed conditions.

Upon receipt of the final plat and accompanying data, it shall be reviewed by the City Engineer and the County Surveyor. The City Engineer shall review the plat and documents to determine that it conforms with the approved tentative plan and with the provisions of ORS chapter 92, the Brownsville Comprehensive Plan, and this division. The County Surveyor shall examine the plat for compliance with requirements for survey accuracy and completeness and shall collect such fees for this purpose as are provided for by state law. The City Engineer and other City representatives may make checks in the field to verify that the plat is sufficiently correct on the ground, and they may enter the property for this purpose.

If it is determined that there has not been full conformity, the City Administrator shall advise the subdivider of the changes or additions that must be made and afford the subdivider an opportunity to make such changes or additions. If it is determined that full conformity has been made, the City Engineer shall so certify.

If it is determined that the final plat conforms fully with the approved tentative plan and all applicable regulations and standards, the City Administrator shall advise the Chairman of the Planning Commission. The City Engineer and the Chairman of the Planning Commission may then sign the plat.

In the absence of the Chairman, the duties and powers with respect to action on final plats shall be vested in the Vice-Chairman.

Approval of a final plat shall not constitute or effect an acceptance by the City of the dedication of any street, recreation area, drainage way, area reserved for water and sewer line, or other dedication shown on the plat.

Prior to recording of the final plat, the subdivider must apply for approval of all public officials, as specified in ORS chapter 92, as amended. Signatures on the final plat by a majority of the Board of County Commissioners shall constitute approval of the plat by them. The subdivider shall then immediately take the approved final plat to the Office of the County Clerk and have it recorded.

Approval of the final plat shall be void if the plat is not recorded within 90 days after the date of signature by the Planning Commission Chairman. However, if the subdivider submits a request for a time extension to the Planning Commission, the Commission may grant such additional time as circumstances warrant.

An exact copy of the final plat, as approved and recorded, shall be submitted to the City. The exact copy may be a photocopy or a tracing with black India ink upon a good quality of mylar or any other suitable drafting material having the same or better characteristics of strength, stability and transparency. The copies shall be identified as an exact copy of the plat by the engineer or surveyor who caused the plat to be made.

If a final plat has not been developed within the 10-year period from the date of recording, the plat shall be resubmitted to the City for review and approval. Action on the re-submittal shall be in relation to current requirements of the subdivision code, the Comprehensive Plan, other City land development ordinances, and land use patterns in the surrounding area.

A reconsidered final plat shall be reviewed by the Planning Commission at a public hearing.

The Planning Commission shall either approve the plat as originally platted, or it shall require that the plat be revised and resubmitted as a tentative plan. If a tentative plan has not been approved within six months of the date of action on the reconsidered final plat, the City may take action to vacate the plat in accordance with the provisions of ORS 92.234.

For purposes of this section, a plat has not been developed if none of the required public improvements and roadways have been installed and none of the lots have had buildings placed upon them.

Proposed name of the subdivision. This name shall not duplicate nor resemble the name of another subdivision in the county and shall be approved by the Planning Commission.

Date, north point and scale of drawing.

Appropriate identification clearly stating the proposal is a tentative plan.

A vicinity map showing the relationship of the proposed subdivision to surrounding development. This map shall include streets within 500 feet of the exterior boundaries of the proposed development.

Names and addresses of the owner, subdivider, and engineer or surveyor.

The location, widths and names of both opened and unopened, dedicated or nondedicated streets within or adjacent to the tract, together with easements, dedications and other important features, such as section lines, corners, City boundary lines and monuments.

Contour lines related to some established bench mark or other datum approved by the City Engineer and having minimum intervals as follows:

The location and direction of drainage channels and the local of areas subject to flooding.

Natural features such as rock outcroppings, marshes, wooded areas and isolated preservable trees.

Existing uses of the property, including location of all structures on the property.

The location, width, names, approximate grades and radii of curves of streets. The relationship of streets to any projected streets as shown on any Comprehensive Plan and as may be suggested by the Planning Commission in order to assure adequate traffic circulation.

The location, width and purpose of easements.

The location, approximate dimension and square footage of lots and the proposed lot and block numbers.

Sites, if any, allocated for purposes other than single-family dwellings.

Land to be deeded to the City, school district or other public agency for schools, parks or other public purposes.

If the subdivision pertains to only part of the tract owned or controlled by the subdivider, the Planning Commission may require a sketch of a tentative layout for streets and lots in the unsubdivided portion.

Proposed deed restrictions, if any, in outline form.

The location within the subdivision and in the adjoining streets and property of existing water mains, culverts, drain pipes and electric lines.

Approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and the nature and extent of street construction.

General utility plans for domestic water supply, storm water drainage and street lighting, indicating how these utilities shall be provided.

Any proposals to phase development of the subdivision.

Location and width of curbs and sidewalks.

Preliminary title report.

The final plat shall be submitted in the form as required by ORS 92.080. The plat shall be drawn on a good-quality, white, cold-pressed, double-mounted drawing paper 18 inches by 24 inches, with the muslin extended three inches at one end for binding purposes. No part shall come nearer any edge of the sheet than one inch. The plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for plats placed upon two or more sheets. Plat materials may be placed on both sides of a sheet.

The scale of the final plat shall be one inch equals 100 feet, except that the scale may be increased or decreased to fit the legal size of 18 by 24 inches. If the scale is changed, it shall be to multiples of 10 feet. In no case shall the scale be decreased to less than one inch equals 200 feet.

The date, scale, north point, legend, and existing features such as highways, creeks and railroads.

Legal description of the subdivision boundaries.

Name of the owner(s), developer, engineer and surveyor.

The location by distance and bearings to the following. Distances shall be to the nearest one one-hundredth of a foot, and bearings shall be to the nearest 30 seconds, with basis of bearings.

The exact location and width of streets and easements intersecting the boundary of the subdivision.

Subdivision, block and lot boundary lines and street right-of-way with dimensions and tangent bearings. Normal high-water lines for any creek or other body of water, when such information is available. Subdivision boundaries and street bearings shall be shown to the nearest 30 seconds, with basis of bearings. Distances shall be shown to the nearest one one-hundredth of a foot. No ditto mark may be used.

The width of the portion of streets being dedicated and the width of any existing right-of-way. For streets on curvature, curve data shall be used on the street center line. In addition to the center-line dimensions, the radius and center angle should be indicated.

Locations and widths of drainage channels, railroad rights-of-way, reserve strips at the end of stub streets or along the edge of partial width streets on the boundary of the subdivision.

Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located on record, a written statement of the easement shall be included. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the plat, it shall be properly referenced in the owner's certificates of dedication.

Lot numbers beginning with the number "1" and continuing consecutively in each block.

Block numbers beginning with the number "1" and continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure. Block numbers in an addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision.

Land parcels to be dedicated for any purpose shall be distinguished from lots intended for sale, with acreage and alphabetic symbols for each parcel indicated.

Notations indicating any limitations on rights of access to or from streets, lots, or other parcels of land, if any are to be made a part of the subdivision restriction.

Building setback lines, if any, are to be made a part of the subdivision restriction.

A certificate signed and acknowledged by all parties having any recorded title interest in the land subdivided, consenting to the preparation and recording of the plat.

A certificate signed and acknowledged as above, dedicating all parcels of land, streets, alleys, pedestrian ways, drainage channels, other dedications, easements and other rights-of-way intended for public use, except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors and tenants.

A certificate of the licensed surveyor who prepared the survey and the registered engineer or surveyor who prepared the final plat.

A certificate for execution by the Chairman of the Planning Commission on behalf of the Planning Commission.

Other certifications required by law.

Written proof that all taxes and assessments which have become a lien on the tract are paid.

Addresses of the owner(s), subdivider, engineer and surveyor.

Survey Requirement.

A copy of any deed restrictions applicable to the subdivision.

A copy of any dedication requiring separate documents.

Certifications or statements pertaining to the availability of domestic water supply and sewage disposal systems to serve each lot, as outlined in ORS 92.080.

A certificate by the City Administrator that the subdivider has complied with one of the following alternatives:

The land divider may install the required improvements and make the needed repairs.

The land divider may offer the City an agreement, specifying the period within which the required improvements and repairs shall be completed. The City will accept the agreement if it provides that, if the work is not completed within the period specified, the City may complete the work and recover the full cost and expense thereof from the land divider. A performance guarantee as provided for in BMC § 15.30.060 shall be required. The agreement may provide for the construction of the improvements in units for an extension of time under specified conditions.

When required under the provisions of BMC § 15.30.050, the land divider shall file with the agreement one of the following as a performance guarantee to assure full and faithful performance in installing improvements:

Such assurance of full and faithful performance shall be for a sum determined by the City Administrator as sufficient to cover the cost of improvements and repairs, including related engineering and incidental expenses.

If the land divider fails to carry out provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, within a date established at the time of approval, the City shall call on the performance guarantee for reimbursement. If the amount of the performance guarantee is less than the cost and expense incurred, the subdivider shall be liable to the City for the difference.

A performance guarantee shall remain in effect for one year after improvements are installed in order to correct any defects which may have taken place.

Any major partition of land shall be submitted to the Planning Commission for review and approval. There shall be submitted to the City an application for approval of a tentative plan map for a partition. The application shall include the following:

Ten copies of the tentative application map shall be submitted to the City at least 10 days prior to the Planning Commission meeting at which the partition request shall be heard. All affected City, county, state and federal agencies and special districts shall be notified of the application and shall be requested to review the partition proposal and submit their recommendations to the Planning Commission. In all cases, notifications shall be forwarded to Northwestern Telephone Company, Inc.; Linn Soil and Water Conservation District; Brownsville Rural Fire Department; Pacific Power and Light Company; Northwest Natural Gas Company; and to the County Surveyor and the County Road Department. Notification shall also be forwarded to State Highway Department if the proposed partitioning abuts a state highway, and the Southern Pacific Transportation Company if the proposed partition abuts a railroad.

Consideration of a tentative plan map for a major partition by the Planning Commission shall take place at a public meeting. This meeting shall occur at least 15 days, but no more than 31 days, after the request has been submitted. Owners of all property abutting the proposed partition shall be notified of the meeting.

Within 40 days following the public meeting, the Planning Commission shall take action on the tentative map for a major partition.

In taking action on a major partition, the Planning Commission may approve the tentative map as submitted, may approve it with conditions, or it may disapprove the tentative map. The Planning Commission shall express its disapproval and the reasons for the action taken. Any conditions of approval shall also be expressed.

Action on a major partition by the Planning Commission is final, unless, within 10 days of the decision, review of the proposal by the City Council is requested by the applicant or a party who is entitled to receive notice of review of the partition. The Council shall consider this request at its next regular meeting.

The Council shall either confirm, modify or deny the Planning Commission decision. If the Council modifies or overrules the Commission decision, it shall express its reasons therefor. Any conditions of approval shall also be expressed.

Council action on a major partition shall be within 40 days following referral of the map to the Council.

Any division of land that is within the definition of a minor partition shall be submitted to the City for review and approval. The application for a minor partition shall include the following:

Approval of minor partitions.

Upon arrival of a tentative map for a minor or major partition, three copies of the map shall be signed, dated and conditions of approval noted. One map shall be returned to the applicant, one retained by the City Administrator, and one retained for Planning Commission files.

Final Partition Plan Map. The final plan shall be the survey map that is submitted for recording in the Office of the Linn County Surveyor. It shall include one exact transparent copy and two prints for filing with the City of Brownsville. The final plan shall include the following:

Procedures for Approving Final Map. The final map shall be filed with the City Administrator who shall coordinate the process of final map review and approval.

General. The location, width and grade of streets shall be considered in their relation to existing and planned streets, topographical and drainage conditions, public convenience and safety, the proposed use of land to be served by the streets, and full land utilization which will not result in tracts of vacant inaccessible land. Where location is not shown on the Comprehensive Plan, plans shall:

Minimum Street Widths. Street rights-of-way and roadways (curb-to-curb) shall be adequate to fulfill City specifications and, unless otherwise indicated on the Comprehensive Plan, shall not be less than the minimum widths shown in the following table:

Reserve Strips. Reserve strips or street plugs controlling access to streets shall be required when necessary to ensure street extensions and the widening of half-streets. The reserve strip shall normally be one foot in width and under the ownership of the City.

Alignment. As far as is practical, streets other than minor streets shall be in alignment with existing streets by continuations of the center lines thereof. Staggered street alignment resulting in "T" intersections shall, wherever practical, leave a minimum distance of 200 feet between the center lines of streets having approximately the same direction and, in no case, shall be less than 100 feet.

Future Extensions of Streets. Where necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition, and the resulting dead-end streets may be approved without a turnaround. Reserve strips and street plugs may be required to preserve the objectives of street extensions.

Intersection Angles. Streets shall be laid out to intersect at angles as near to right angles as practical, except where topography requires a lesser angle, but in no case, less than 60 degrees unless there is a special intersection design. The intersection of arterial or collector streets with other arterial or collector streets shall have at least 100 feet of tangent adjacent to the intersection, unless topography requires a lesser distance. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle. Right-of-way lines at intersections with arterial streets shall have a corner radius of not less than 20 feet.

Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision.

Half-Streets. Half-streets, while generally not acceptable, may be approved where essential to the reasonable development of the subdivision or partition, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is divided. Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of half-streets.

Cul-de-sacs. A cul-de-sac shall be as short as possible and shall have a maximum length of 600 feet, and shall serve no more than 18 dwelling units.

Street Names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the names of existing streets. Street names shall conform to the established pattern in the City and surrounding area and shall be subject to the approval of the Planning Commission.

Grades and Curves. Grades shall not exceed six percent on arterials, 10 percent on collector streets or 12 percent on other streets. Center line radii of curves shall not be less than 300 feet on arterials, 200 feet on collectors and continuing residential streets, or 100 feet on other streets and alleys. Where existing conditions, particularly topography, make it otherwise impractical to provide buildable lots, the Planning Commission may accept steeper grades and sharper curves.

Access Streets. Where a subdivision or partition abuts or contains an existing or proposed arterial street, the Planning Commission may require access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Streets Adjacent to Railroad Right-of-Way. Wherever the proposed subdivision or partition contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the land between the streets and the railroad.

Alleys. Alleys shall be provided in commercial and industrial districts unless other permanent provisions for access to off-street parking and loading facilities are approved by the Planning Commission. The corners of alley intersections shall have a radius of not less than 12 feet.

General. The length, width and shape of blocks shall take into account the need for adequate lot size and street width and shall recognize the topographical limitations of the area.

Size. No block shall be more than 1,000 feet in length between the street corner lines, unless it is adjacent to an arterial street or unless the topography or the location of adjoining streets justifies an exception. A block shall have sufficient width to provide for two tiers of building sites, unless topography or the location of adjoining streets justifies an exception.

Easements.

Size, Shape and Orientation.

Access. All lots shall abut and have legal, physical access to a publicly owned street, other than an alley, for a width of at least 50 feet, which shall include usable, vehicular access; except that on a circular turnaround at the end of a cul-de-sac, lots shall abut streets for a width of at least 25 feet.

Through Lots. Through lots shall be avoided, except where they are essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. A planting screen easement at least 10 feet wide and across which there shall be no right of access may be required along the line of building sites abutting such a traffic artery or other incompatible use.

Lot Side Lines. The side lines of lots, so far as practicable, shall run at right angles to the street upon which the lots face.

Flag Lots. Flag lots shall be prohibited unless there is no other way of providing access to property. If allowed, the thin strip of land which provides access to the major portion of the lot from the street shall not be used in determining lot size, lot width or yard requirements. No more than two access strips to flag lots shall abut each other.

Where a proposed park, school, public utility facility or other public use shown in the Comprehensive Plan is located in whole or in part with a subdivision, the Planning Commission may require the dedication or reservation of such area within the subdivision.

The Planning Commission may also require the dedication or reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks, public utility facilities or other public purposes.

Improvement work shall not be commenced until plans have been reviewed for adequacy and approved by the City. To the extent necessary for evaluation of the proposal, the plans may be required before approval of the final plat. All plans shall be prepared on materials in accordance with requirements of the City.

Improvement work shall not commence until after the City is notified and, if work is discontinued for any reason, it shall not be resumed until after the City is notified.

Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details in the public interest if unusual conditions arise during construction to warrant the change.

Underground utilities and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities shall be placed to lengths that will avoid the need to disturb street improvements when service connections are made.

A map showing public improvements as built shall be filed with the City upon completion of the improvements.

Costs for required improvements which exceed the City standards for the area to be subdivided shall be divided between the City and the subdivider on a fair-share basis.

Streets, including related improvements such as curbs, shoulders and sidewalks.

Surface drainage and storm sewer facilities.

Sidewalks and related facilities in pedestrian or bicycle ways.

Tests of streets and utilities after completion of the improvements to determine the quality of work performed.

Public standards and design criteria pertaining to all developments and improvements to the public infrastructure within the City of Brownsville are hereby accepted and approved by the Planning Commission and Council and can be found under Appendices, Appendix G, in the Brownsville Municipal Code.

Water Supply System. Water lines, to each lot or parcel line, and fire hydrants shall be installed. The design shall be to standards established by the City and shall take into account provisions for extensions beyond the development that are in conformance with the Comprehensive Plan and to adequately grid the water system.

Sewer Supply System. Sewer lines serving each lot or parcel and connecting them to mains shall be installed. The design shall be to standards established by the City and shall take into account provisions for extensions beyond the development that are in conformance with the Comprehensive Plan and to adequately serve the City. All facilities which are necessary to serve the subdivision shall be installed.

Surface Drainage and Storm Drain Facilities. Grading shall be performed and drainage facilities shall be provided within the development and to connect the area drainage to drainage ways or storm sewers outside the subdivision. Design of drainage shall be to City standards, shall be approved by the City, and shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the development and to allow extension of the system to serve such areas. If necessary, provision shall be made for retention storage areas designed and constructed to standards as provided by the City Engineer.

Streets. Public streets, including alleys, within the development, and public streets adjacent but only partially within the development, shall be improved. Improvements shall be made to the paving line of existing streets which intersect with streets in the subdivision. Catch basins shall be installed and connected to drainage tile leading to storm sewers on drainage ways. Upon completion of the street improvements, monuments on all property corners shall be established or reestablished by the subdivider. Bench marks shall be installed at each street intersection. Street center lines, crosswalks, bikeways and other traffic control symbols shall be marked.

Curbs and Sidewalks. Curbs and sidewalks shall be installed in any special pedestrian way. However, in areas where alternative pedestrian routes are available, the Planning Commission shall determine whether pedestrian access is adequate and sidewalks are required.

Street Name Signs. Traffic control devices and street name signs, designed to City specifications, shall be installed at all street intersections and elsewhere as required by the City.

Electrical and Other Wires. Wires serving within a land division, including but not limited to electric power, communication, street lighting and cable television wires, shall be placed underground. The Planning Commission may modify or waive this requirement in acting on a tentative plan upon a finding that underground installation:

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity, and result from parcel size and shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. Project costs shall not be considered as an exceptional or extraordinary circumstance.

The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess.

The variance would not be materially detrimental to the purposes of this chapter, or to property in the same vicinity in which the property is located, or otherwise conflict with the objectives of any City plan or policy.

The variance requested is the minimum variance which would alleviate the hardship.

The special development zone does not include minimum lot size or building setback requirements. Lot size and shape shall be determined at the time of approval of the tentative plan. Factors as outlined in BMC § 15.80.120 shall be taken into consideration.

In addition to the other requirements of this division, the developer will show, on the tentative plan, screening and buffering, location of all building sites, and all setbacks that will be in deed restrictions.

The developer will show how the size, shape and placement of parcels is based upon a consideration of:

Clustered developments in the special development zone are encouraged. Cluster development occurs where residential units and nonaccessory buildings will be less than 12 feet apart. Such developments, however, could cause health and safety problems if precautions are not taken. Therefore, the developer will show in the tentative plan how:

Any person affected by a decision may appeal to the City Council from a decision or requirement made by the Planning Commission. Written notice of the appeal must be filed with the City Administrator within 10 days after the decision or requirement is made with respect to a proposed minor partition, or within 30 days after the decision of requirement is made with respect to a proposed major partition or subdivision. The notice of appeal shall state the nature of the decision or requirement and the grounds for the appeal.

The City Council shall hold a hearing on the appeal within 40 days from the time the appeal is filed. The Council may continue the hearing for good cause. Following the hearing, the Council may overrule or modify the decision or requirement made by the Planning Commission if the decision of the Council complies with the spirit and intent of this chapter. The disposition of the appeal shall be final.

Stay of Proceedings. When an appeal is filed, it shall stay all proceedings by all parties in connection with the matter from which appeal is taken, until the determination of such appeal by the Council.

Within 10 days after receiving information of a possible violation of this division, the City Administrator shall investigate and, if the City Administrator determines that a violation exists, shall notify the property owner to correct the violation.

Where the violation does not involve a structure, action to correct the violation shall be made within 30 days. If the violation involves a structure, action to correct the violation shall be made within 60 days.

If no action has been taken to correct the violation within the specified time, the City Administrator shall notify the City Attorney and the City Council.

The City Council, upon recommendation by the City Attorney, shall set the date for a meeting with the person violating this division and with the City Administrator to consider whether subsequent legal action should be taken. If the City Council determines legal action is necessary, the City Attorney shall be directed to take such legal action as required to assure compliance with this division.