[Ord. No. 14-04-09 §1, 4-21-2014]
A.
The
City may suspend or revoke any permit associated with the site or
any permit associated with the person(s) holding the permit(s) for
the site for non-compliance with the Grading/Stormwater 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.
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 permit(s)
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 Chapter.
4.
After two (2) stop work orders of a permit for the same site for
similar violations, the permit(s) shall be revoked. All applicable
procedures will have to be followed for re-issuance of the permit(s).
Additionally, any remediation or abatement costs will be required
to be paid prior to re-issuance.
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. All applicable procedures will have to be
followed for re-issuance of the permit(s). Additionally, any remediation
or abatement costs will be required to be paid prior to re-issuance.
6.
A person aggrieved by a decision to revoke any permit provided for
herein may appeal the revocation to the City of Excelsior Springs
Board of Zoning Adjustment.
C.
Engaging
in activity requiring a permit without first obtaining such permit
shall be a violation of this Chapter.
[Ord. No. 14-04-09 §1, 4-21-2014]
A.
Conditions. Regulation of stormwater drainage and the attachment
of reasonable conditions thereto is an exercise of the valid police
power delegated by the State of Missouri to the City. Property owners
have the duty of compliance with reasonable policies, regulations,
standards and conditions established by the City for design, construction,
improvement and restrictive use of the land so as to conform to the
physical and economical development of the City, and to promote the
health, safety and general welfare of the community at large.
B.
Responsibility For Administration. The provisions of this
Chapter shall be administered and enforced by the Director. The Director
shall prescribe forms for attainment of the purposes of this Chapter
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.
C.
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 referenced
design guidance, and all other applicable rules, laws and regulations.
D.
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.
E.
Penalties And Remedies.
1.
Any owner, lessee, tenant, occupier of land or other person who violates
any provision of these regulations shall be deemed guilty of a misdemeanor
and shall be upon conviction punished as provided by law. In addition,
any person permitting, aiding, abetting or concealing a violation
of this Chapter shall be deemed guilty of a misdemeanor and shall
be upon conviction punished as provided by law. Each day a violation
of these regulations continues shall constitute a separate offense.
The penalty provided in this Section shall not be construed to be
exclusive but is intended to be supplemental and in addition to any
other remedy provided by law or at equity. The City may institute
in the circuit court of the City any appropriate action or proceedings
to prevent any unlawful activity proscribed in this Chapter or to
correct any violations of this Chapter.
2.
In addition to any specific penalties set forth in individual articles, 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 of Excelsior Springs, Missouri, 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 235 of the City Code shall apply.
[Ord. No. 14-04-09 §1, 4-21-2014]
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. Said applications shall be
directed to the City of Excelsior Springs Board of Zoning Adjustment
organized and existing under the zoning regulations of The City of
Excelsior Springs, Missouri, which shall have the 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 ordinance.
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 or her recommendation. Either the applicant
or the Director may appeal or seek judicial review of any decision
of the Board as provided by law.
