[Ord. No. 14-04-09 §1, 4-21-2014]
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
Penalties And Remedies.
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.
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]
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:
The variance shall not have the effect of nullifying the intent and purpose of this stormwater ordinance.
The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements.
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.
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.
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.
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.