(A) Appeal of notice of violation. Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Stormwater Utility Board of the Town of Bargersville the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Stormwater Utility Board of the Town of Bargersville shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Stormwater Utility Board may consider the recommendations of the town staff and the comments of other persons having knowledge of the matter. In considering any such appeal, the Stormwater Utility Board may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(1) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and
(2) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(B) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the Stormwater Utility Board upholding the decision of the town, then representatives of the town shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the town or its designated contractor to enter upon the premises for the purposes set forth above.
(Res. 2024-03, passed 7-22-2024; Ord. 2024-15, passed 8-13-2024)