The purpose of this chapter is to safeguard life, limb, property, and the public welfare, and the preservation of the natural environment and the stability of hillsides by regulating excavating and filling of land.

(Ord. 1471, passed 2-6-90)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 1471, passed 2-6-90)

   (A)   No person, the owner of any property or in possession or control of any property, shall cause, permit or allow any excavation or filling to be done on such property unless a permit has been issued by the Building Commissioner for such excavating or filling except that no permit shall be required for:

      (1)   Normal cemetery operations of opening or closing graves;

      (2)   Public work performed by or under control of the Building Commissioner, except for excavating or filling performed outside the project work limits;

      (3)   Exploratory excavations under the direction of a registered professional engineer, soil engineer, engineering geologists, soil scientist, or architect where incidental to the practice of architecture and exploratory excavations by a contractor or builder provided they are not made in a slope steeper than one vertical to five horizontal and are promptly and properly filled;

      (4)   Temporary excavations for wells, tanks, vaults, tunnels, sign foundations, and trenches for sewers, water lines, gas lines, electric lines, and other underground utilities;

      (5)   Subject to the provisions of § 154.10, any excavation that does not exceed five feet in vertical depth at its deepest point or 100 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive;

      (6)   Subject to the provisions of § 154.10, any fill that does not exceed five feet in vertical depth at its deepest point or 100 cubic yards per each 5,000 square feet of site area, whichever is the most restrictive, and is placed on natural terrain with a slope flatter than one vertical to five horizontal and does not result in a finished slope steeper than one vertical to three horizontal;

      (7)   Subject to the provisions of § 154.10, any excavation for a basement and footings of a building authorized by a valid building permit, provided the excavation does not exceed 12 feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is made in existing terrain with a slope flatter than one vertical to ten horizontal and the subsequent filling with this excavated material on the same site, provided the fill does not exceed five feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is placed on existing terrain with a slope flatter than one vertical to ten horizontal and does not result in a finished slope steeper than one vertical to three horizontal.

   (B)   Where a succession of small excavations or fills individually not requiring a permit constitutes a continuing operation on a property and the accumulation of such excavations or fills on that property will exceed five feet in depth or 100 cubic yards per each 5,000 square feet of site area, a permit shall be required.

   (C)   No excavating or filling pursuant to divisions (A)(1) through (A)(7) hereof shall cause any slope to become unstable, impose loads which may effect the safety of structures or slopes, interfere with adequate drainage for the site area and the drainage area of land tributary to the site, obstruct, damage, or adversely affect existing sewerage or drainage, public or private, cause a stagnant pond of water to form, or cause erosion or sedimentation.

   (D)   The exemptions contained in division (A) do not apply to any operations pursuant to § 154.09.

(Ord. 1471, passed 2-6-90) Penalty, see § 154.99

   Whenever the Building Commissioner, with the concurrence of the City Engineer, determines that any existing excavation, fill, slope, or other conditions has become a hazard, or endangers the public health and safety or any public or private property or adversely affects the safety, usability, or stability of any public way or drainage channel or has caused detrimental erosion or sedimentation, he shall order the owner or person in control of the property on which such conditions exists to correct the condition. The owner or person in control of the property shall promptly proceed to correct the condition creating such a hazard in accordance with the provisions of this chapter and in accordance with the order of the Building Commissioner. The owner or person in control of the property, upon receipt of the order of the Building Commissioner shall also, within seven days, apply for and obtain a permit.

(Ord. 1471, passed 2-6-90)

   (A)   The Building Commissioner shall issue a permit for excavating or filling only on the basis of three complete sets of plans and specifications submitted to and approved by him and approved by the City Engineer. A separate permit shall be required for each site. The plans and specifications submitted with the permit application shall:

      (1)   Include the owner's name and address;

      (2)   Include a plot plan, drawn to scale, showing the location of the proposed work;

      (3)   Include a contour map of the affected area showing the existing and proposed contours at five foot intervals;

      (4)   Show the proposed amount of excavation or fill in cubic yards;

      (5)   Show the location of any existing and proposed streets;

      (6)   Show the location of any existing and proposed buildings or structures on the subject property and within 30 feet of subject property;

      (7)   Show the location of any existing watercourses, drainage, and sewer systems serving the property;

      (8)   Show existing and proposed drainage structures, walls, cribbing, and surface protection, and any necessary temporary earth restraining installations;

      (9)   Show a plan for temporary and permanent drainage of the soils from erosion;

      (10)   Describe the proposed method for the protection of the soils from erosion;

      (11)   Show how surplus excavated fill will be disposed of;

      (12)   Show additional information as may reasonably be required by the Building Commissioner.

   (B)   The plans and specifications shall be prepared by a registered professional engineer or an architect where the work contemplated by the plans and specifications is incidental to the practice of architecture and shall in addition to the requirements of division (A) herein:

      (1)   Include a report showing the results of surface and subsurface exploration, conditions of the land, and procedures for performing the operation;

      (2)   Show plans of all drainage provisions which shall be of such design to adequately handle the surface runoff, together with a map showing the drainage area of all land tributary to the site, and estimated cubic foot per second runoff of the area served by any drain computed in accordance with current acceptable standards;

      (3)   Include a specification for the borrow material or fill material and the method to be used for and the degree of its proposed compaction;

      (4)   Show proposed preparation of existing ground surface to receive fill;

      (5)   Show proposed terraces and ditches where necessary to control surface drainage and debris;

      (6)   Show proposed subsurface drainage if necessary for stability;

      (7)   Show plans for all retaining walls, cribbing, vegetative provisions, erosions and sediment control measures, together with location of temporary or permanent fencing and other protective devices to be constructed in connection with, or as a part of the proposed plan;

      (8)   Show a timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence - stripping or clearing, rough grading and construction, final grading, and vegetative establishment and maintenance and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.

   (C)   If the Building Commissioner and City Engineer shall be satisfied that the proposed excavation or fill will not cause any hazards, then in such event the Building Commissioner shall issue a permit authorizing the excavation or fill.

(Ord. 1471, passed 2-6-90)

   Excavation and fill in the field shall be supervised by a registered professional engineer or architect representing the owner or developer. The registered professional engineer or architect shall submit a summary report to the Building Commissioner upon the completion of operations. The Building Commissioner may require interim reports from the engineer or architect when the operations extend beyond a month. Cost of supervision is to be borne by the owner or developer.

(Ord. 1471, passed 2-6-90) Penalty, see § 154.99

   No permit shall be issued for an excavation or fill to be made with a face steeper in slope than one vertical to three horizontal except that the Building Commissioner, with the written approval of the City Engineer, may permit an excavation or fill to be made with steeper face if an applicant demonstrates satisfactorily by means of appropriate soil exploration and analysis and the written opinion of a registered soil engineer that the materials are capable or standing on a steeper slope without creating any of the hazards described in §§ 154.03 and 154.04.

(Ord. 1471, passed 2-6-90) Penalty, see § 154.99

   The tops and toes of excavation and the slopes shall be set back from property boundaries and structures as far as necessary for the safety of adjacent properties and adequacy of foundation support and to prevent damage as a result of water runoff.

(Ord. 1471, passed 2-6-90) Penalty, see § 154.99

   (A)   In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon the same shall only be accomplished after the owner of said land or his agent has submitted to the Building Commissioner for approval a plan for erosion and sedimentation controls, unless there has been a prior determination by the Building Commissioner that such plans are not necessary.

   (B)   Such plans shall contain adequate measures for control of erosion and siltation where necessary, using the guidelines and policies contained herein.

   (C)   The Building Commissioner shall review these plans as submitted, and shall take necessary steps to insure compliance by the developer with these plans as finally approved.

   (D)   Requirements.

      (1)   Three sets of plans for the control of erosion and sedimentation shall be submitted to the Building Commissioner at the time the final development drawings are submitted.

      (2)   Measures to be taken to control erosion and sedimentation shall be described and provided for in the construction agreement and the estimated cost of accomplishing such measures shall be determined by the Building Commissioner.

      (3)   At the building permit application stage, a review will be conducted to insure conformance with the plan as approved.

      (4)   The Building Commissioner shall make a continuing review and evaluation of the methods used and the overall effectiveness of the erosion and sedimentation control program.

   (E)   Suggested control measures. The following control measures should be used for an effective erosion and sediment control plan:

      (1)   The smallest practical area of land should be exposed at any one time during development.

      (2)   When land is exposed during development, the exposure should be kept to the shortest practical period of time.

      (3)   Where necessary, temporary vegetation and/or mulching should be used to protect areas exposed during development.

      (4)   Sediment basins (debris basins, desilting basins, or silt traps) should be installed and maintained to remove sediment from runoff waters from land undergoing development.

      (5)   Provisions should be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.

      (6)   The permanent final vegetation and structures should be installed as soon as practical in the development.

      (7)   The development plan should be fitted to be the topography and soils so as to create the least erosion potential.

      (8)   Wherever feasible, natural vegetation should be retained and protected.

(Ord. 1471, passed 2-6-90) Penalty, see § 154.99

   (A)   If it is necessary to adjust, relocate, add to, or otherwise modify the existing sewer system serving the area affected by an excavation or fill operation, for the purposes of providing drainage of the affected area or protecting the existing sewer system from damage, the Building Commissioner shall issue a permit in accordance with this chapter only if the applicant for the permit obtains a permit to provide, relocate, or modify the sewer system for the affected area at the expense of the applicant and grant such easements as may be necessary.

   (B)   In places where existing sewerage is adequate, but in the opinion of the City Engineer is of doubtful strength to carry additional loading, the Building Commissioner shall issue a permit in accordance with this chapter only if the applicant for the permit provides a bond of corporate surety authorized to do business in the State of Ohio naming the city as obligee thereof, covering replacement cost of the sewer and guaranteeing that the proposed fill will not damage the sewer for a period of one year after the fill is completed.

(Ord. 1471, passed 2-6-90)

   When in the opinion of the Building Commissioner with the concurrence of the City Engineer the termination before completion of a proposed excavation or fill operation would create an actual or potential hazard to the public, the Building Commissioner, with the concurrence of the City Engineer, prior to issuing the permit, shall require a bond in an amount as determined by the Commissioner and Engineer sufficient to cover the estimated cost of restoration of any affected land or to cover the cost of performance of the operations under such permit, whichever is greater.

(Ord. 1471, passed 2-6-90)

   (A)   Before issuing a permit, the Building Commissioner or his designee shall collect a fee, the amount of which shall be $75 for the first 100 cubic yards (or fraction thereof) plus $10 for each additional 100 cubic yards (or fraction thereof) of earth or other materials moved, except that no fee shall be collected for work by any public agency.

   (B)   Before accepting a request for a waiver or modification, or application for a permit, pursuant to § 154.07, the Building Commissioner or his designee shall collect from the person making such request or application a deposit of $100 to be applied to the charges of the City Engineer for the engineering services provided pursuant to such sections; and no waiver or modification shall be given, or permit issued, until all charges of the City Engineer have been paid by the person making the request or application.

(Ord. 1471, passed 2-6-90)

   (A)   Every 12 months after the issuance of an excavation and fill permit, and on completion of operations, the holder of a permit for an excavation or a fill comprising of the movement of 500 cubic yards (or more) of material must file with the Building Commissioner a certificate, prepared by a registered surveyor, registered architect, or professional engineer, stating the quantities of materials placed or removed since the issuance of the permit and stating that the work has been conducted in compliance with §§ 154.05 through 154.10 of the Cheviot Code of Ordinances and in compliance with all conditions of the permit.

   (B)   The Building Commissioner may revoke an excavation and fill permit if the holder of the permit has failed to comply with §§ 154.05 through 154.10 or if the Commissioner determines that the operations have become offensive or objectionable due to erosion, siltation, dust, or increased stormwater runoff.

   (C)   Work must be completed within one year from the date of permit issuance. The Building Commissioner may extend the time for completion of the work up to six months if the Commissioner determines, after conducting an administrative hearing, that the operations have been conducted in compliance with the permit and have not been offensive or objectionable due to erosion, siltation, or dust. The Building Commissioner has the duty to notify the owner or occupant of the subject property, and any owner or occupant of property abutting the subject property, and any community or neighborhood association or organization whose boundaries include or abut the subject property. Notice must be sent by ordinary U.S. mail at least ten days in advance of the date set for the administrative hearing. No more than two extensions shall be granted.

(Ord. 1471, passed 2-6-90; Am. Ord. 02-34, passed 12-3-02)

   The person to whom a permit is issued shall notify the Building Commissioner:

   (A)   Of the time of commencement of operations under such permit, 48 hours in advance of such time where excavation will enter a public right of way, and in all other instances 24 hours in advance of such time;

   (B)   Immediately of any delay in the time of commencement of which notification has been given as provided in division (A);

   (C)   When the operation is completed;

   (D)   Prior to commencement of operations, of the locations of any borrow sites or any disposal sites for excess materials.

(Ord. 1471, passed 2-6-90)

   The Building Commissioner shall order operations under a permit for excavation or fill suspended whenever he determined, with the concurrence of the City Engineer, that such operations are endangering the public health or safety. Such suspensions shall remain in effect until the condition or conditions causing same are successfully remedied to the satisfaction of the Building Commissioner and City Engineer. The Building Commissioner, with the concurrence of the City Engineer, shall also have the authority to order stopped any operations contract to the terms and conditions of a permit issued under this chapter. Such stoppage shall remain in effect until the operations are remedied to be in conformance with this chapter.

(Ord. 1471, passed 2-6-90)

   Issuance of a permit or any action by the Building Commissioner under this chapter shall not create in the city, its officers, agents, or employees any liability or responsibility for injury to persons or property caused by operations or conditions created pursuant to such permits. Nothing in this chapter shall be construed to relieve the owner or person in control of property from liability for injury to persons or property.

(Ord. 1471, passed 2-6-90)

   The Building Commissioner shall withhold the issuance of any permit under his authority for operation on property subject to an excavation or fill operation until the owner or the persons in control have complied with the provisions of this chapter.

(Ord. 1471, passed 2-6-90)

   (A)   Any person who has a bona fide controversy with the Building Commissioner and whose rights have been materially affected by any decision of the Building Commissioner in the issuance or denial of a permit as provided herein or in the administration of the provisions of this chapter, shall within 30 days from the issuance or denial of such permit, be permitted to file with the Building Commissioner such person's appeal to the Planning Commission as hereafter provided.

   (B)   The appeal shall be based upon one or both of the following grounds, to-wit:

      (1)   That the action of the Building Commissioner was erroneous or constituted an erroneous application of the provisions of this chapter, related laws and ordinances, or was otherwise contrary to law;

      (2)   That the action of the Building Commissioner imposes an undue hardship on the complainant and a modified application or an alternative arrangement is available and feasible, whereby the hardship can be relieved without defeating the purpose and intent of the provisions of this chapter.

   (C)   The complainant shall set forth in his petition on appeal the interpretation, ruling, or order appealed from, and the provisions of this chapter and related laws and ordinances involved, and shall state wherein the interpretation, ruling, or order is erroneous. If the appeal is based on the ground of hardship, the petition shall show the nature of the hardship, and shall point out what kind of modified application or alternative arrangement can be put into effect which will relieve the hardship without defeating the purposes and intent of the provisions of this chapter.

   (D)   No appeal petition shall be accepted for filing unless the complainant shall, at the time of filing, deposit with the Building Commissioner the sum of $100 to partially compensate the city in the event the Building Commissioner is sustained in whole or in part, for the direct and indirect expenditures, costs, and extra work occasioned by the filing and prosecution of the appeal.

   (E)   The Planning Commission shall have full authority to affirm, modify, reverse, or set aside the interpretation, ruling, or order appealed from, and its decision shall be final.

(Ord. 1471, passed 2-6-90)

   (A)   Definitions.

   APPROVING AGENT. The Building and Planning Department of the city, or its representative.

   BEDROCK. In place solid rock.

   BENCH. A relatively level step excavated into earth material on which fill is to be placed.

   COMPACTION. The densification of a fill by mechanical means.

   CUT. An excavation and the material removed in an excavation.

   DEVELOPMENT AREA. Any contiguous area included within the scope of this section and owned, planned, or developed by one owner or as one unit, upon which earth disturbing activities are planned or under way.

   DEVELOPMENT PLAN. A written and/or graphical description, acceptable to the approving agent of methods for controlling accelerated erosion and accelerated runoff from a development area.

   DITCH. An open channel either dug or natural for the purpose of drainage or irrigation with intermittent flow.

   DRAINAGEWAY. An area of concentrated water flow other than a river, stream, ditch, or grassed waterway.

   EARTH DISTURBING ACTIVITY. Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.

   EROSION. The wearing away of land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, detachment, and movement of soil or rock fragments by water, wind, ice, or gravity.

      (1)   ACCELERATED EROSION. Erosion much more rapid than normal, natural, or geological erosion, primarily as a result of an influence of the activities of man.

      (2)   GULLY EROSION. The erosion process whereby water accumulates in narrow channels and over short periods during and immediately after rainfall or snow or ice melt, and actively removes the soil from this narrow area to considerate depths such that the channel would not be obliterated by normal smoothing or tillage operations.

      (3)   NATURAL EROSION (GEOLOGICAL EROSION). Wearing away of the earth's surface by water, ice, or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by man.

      (4)   NORMAL EROSION. The gradual erosion of land used by man which does not greatly exceed natural erosion.

      (5)   RILL EROSION. An erosion process in which numerous small channels only several inches deep are formed. Rill erosion occurs mainly on recently disturbed soils.

      (6)    SHEET EROSION. The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.

   GRADE. The vertical location of the ground surface.

   LANDSLIDE. The rapid downward and outward movement of large rock material or soil mass under the influence of gravity in which the movement of soil mass occurs along an interior surface of sliding.

   MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

   PERSON. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, or any combination thereof.

   POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water.

   PRIVATE WATERS. Water within private ponds and lakes on single properties.

   PUBLIC WATERS. The water within lakes, rivers, streams, ditches, and other water leaving a single property.

   RAINFALL INTENSITY. The severity of a storm of a given duration and frequency, expressed as inches of rainfall per hour.

   RIP-RAP. Stone placed on earth surfaces such as the face of a dam or the bank of a stream for protection against the action of water (waves) and grouted or cemented in place.

   ROCK CHANNEL PROTECTION. Stone placed on earth surfaces such as the face of a dam or the bank of a stream for protection against the action of water (waves).

   RUNOFF. The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and eventually is returned to streams.

      (1)   ACCELERATED RUNOFF. Increased runoff due to less permeable surface area primarily caused by the activities of man.

      (2)   PEAK RATE RUNOFF. The maximum rate of runoff for any storm.

      (3)   VOLUME OF RUNOFF. The total quantity of runoff for any storm.

   SLIP. Slip has the meaning as "landslide" above.

   SLOUGHING. A slip or downward movement of an extended layer of soil frequently resulting from the undermining action of water (waves), or the earth disturbing activity of man.

   SOIL LOSS. Soil moved from a given site by the forces of erosion and redeposited at another site on land or in a body of water.

   STORM DURATION. The average length of time that a storm of a given frequency and intensity can be expected to last. For the purpose of runoff computation it is taken as the time of concentration.

   STORM FREQUENCY. The average period of time within which a storm of given duration and intensity will be equaled or exceeded; also expressed as a percentage of likelihood that a storm of a given intensity and duration will reoccur within one year.

   STREAM. A body of water running or flowing on the earth's surface or the channel in which such flow occurs. Flow may be seasonally intermittent.

   SWALE. A low lying stretch of land which gathers or carries surface water runoff.

   TERRACE. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

   WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for conveying, whether natural or man-made.

   (B)   General provisions.

      (1)   The purpose of this section is to provide for the control and management of storm water drainage and storm water detention/retention, in order to protect life, limb, and property and to preserve the environment and hillside stability from earth disturbing activities within the jurisdiction of the city unless otherwise excluded by this section or unless expressly excluded by state law.

      (2)   Compliance with the provisions of this section shall not relieve any person from any civil liability arising out of ownership and control of his property, nor shall such compliance or errors committed by those attempting to comply with this section impose any liability on the city for damage caused to any person or property.

      (3)   If any clause, section, or provision of this section is declared to be invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder of this section shall not be affected thereby.

   (C)   Land use regulations.

      (1)   There shall be required an informal preliminary approval of all land use plans by the approving agent before detailed storm water management and sediment control and site plans are submitted to the approving agent for final approval by the Planning Commission. No person shall cause or allow earth disturbing activities on a development area except in compliance with the standards and criteria as set forth in this section pertaining to storm water drainage and detention/retention, as specified in Attachment A of Ordinance 01-04, which is incorporated by reference into this section, unless otherwise excluded by this section.

      (2)   The following shall be exempted from the requirements of this section:

         (a)   Accepted agricultural practices.

         (b)   Grading as a maintenance or landscaping measure on existing developed residential lots.

         (c)   Test boring and other exploratory excavation.

         (d)   Single lot development in an approved residential subdivision.

         (e)   Any other land use that is exempted, but only to the extent that it is exempted, by the approving agent.

   (D)   Administration.

      (1)   Before initiating any design, the owner or his representative shall confer informally with the approving agent in order to insure proper design in compliance with good engineering practice and the requirements of this section.

      (2)   Plans shall contain at least the following information:

         (a)   Vicinity sketch.

         (b)   Property lines and easements.

         (c)   Existing and proposed topographical slope equal to one foot intervals for 0% to 5% slope, two foot intervals for 5% to 10% slope and five foot intervals for greater than 10% slope.

         (d)   Existing and proposed significant man-made and natural features on the site.

         (e)   Existing significant man-made and natural features on all adjacent property within 100 feet of the development site.

         (f)   Existing and proposed ground cover.

         (g)   The storm water drainage and detention/retention computations, as specified in Attachment A of Ordinance 01-04, incorporated by reference into this section, either attached to the plan or on a separate sheet.

         (h)   The project name, the owner's name, the scale, the direction arrow, the date, legend, and an engineer's stamp.

         (i)   A time schedule for completion of work.

         (j)   Other details as directed by Attachment A of Ordinance 01-04, incorporated by reference into this section.

      (3)   The approving agent may waive any or all of the above specific requirements for plan detail based on any information known by the approving agent.

      (4)   In order to obtain the formal approval of the approving agent, there must be submitted three sets of land use plans to the approving agent, and the approving agent must make the proper determinations within 30 days of the submission of the plans. Any alterations or re-submissions of land use plans shall follow the same procedures as the original submission of the plans. Reasonable review fees shall be established by the approving agent and shall be paid in advance by the developer when possible.

      (5)   In order to guarantee the proper completion of work, the approving agent may require a performance bond for the development, subject to the mandatory requirements of performance bonds as specified elsewhere in the Cheviot Planning and Zoning Ordinances. The amount of the bond shall be equal to the approximate cost to construct the required storm water management facilities and the erosion control measures.

      (6)   The right of the developer to appeal any adverse decision by the approving agent shall be provided for as follows:

         (a)   Any appeal from a decision of the approving agent shall be commenced by filing a written Notice of Appeal, on forms to be provided by the Planning Commission, with the Secretary of the Planning Commission. The Notice of Appeal must be filed within 30 days after the written decision of the approving agent has been mailed to the last known address of the proposed owner or developer.

         (b)   Reasonable fees for appeals shall be established by the Planning Commission, which shall be the body hearing all appeals. The Commission may require the approving agent to document the reasons for its refusal to approve the plans. The appeal hearing shall be scheduled within 60 days of the date that it is filed.

         (c)   At the hearing, any party may appear in person and may be represented by an attorney. The Planning Commission, after the appeal, may affirm, reject, or modify the decision of the approving agent. However, the only criteria for appeal and the only justification for rejecting or modifying the decision of the approving agent are either:

            1.   Proof of error made by the approving agent plus proof of compliance with this section by the owner or developer; or

            2.   Proof that total compliance with this section will create an undue financial burden upon the owner or developer plus proof that the plan as submitted by the owner or developer provides feasible near-compliance with this section, plus proof that the public health, safety, and welfare will not be impaired by the plan as submitted.

      (7)   The approving agent shall be under a continuing duty to review and evaluate the methods used and the overall effectiveness of this section, and to make reasonable attempts to verify the continuing compliance with this section by individuals whose land usage is governed by the terms of this section. The approving agent may require appropriate legal documents to be prepared and executed by the owner and the developer in order to assure that future owners of the land being developed will continue to comply with the provisions of this section. In the event that the approving agent determines that reasonable grounds exist to conclude that the terms of this section are being violated, or that hazardous conditions exist, then the approving agent may either order the developer to cease operations pending further investigation, to bring the land use development into compliance with this section, or both, or to initiate an appropriate legal action. These rights of the approving agent are not exclusive.

      (8)   Any person, firm, or corporation violating any of the provisions of this section shall be guilty of a minor misdemeanor and fined not more than $100 for each offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be separately punishable under this section.

(Ord. 01-04, passed 5-1-01)

   Any person being the owner, agent of the owner, or having control of any property, who violates any of the provisions of this chapter or fails to conform to any of the provisions thereof, or fails to obey any order of the Building Commissioner or his duly authorized agent shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty of a fine of not less than $50 nor more than $1,000. Each and every day on which such person continues to violate any of the provisions of this chapter after having been once notified of such violation shall constitute a separate offense.

(Ord. 1471, passed 2-6-90)