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If an owner or lessee of property within the WHPA believes one or more regulations set forth in this Chapter impose an unreasonable burden on a property or activity, the owner or lessee may seek a regulation variance from the Director as follows:
(a) Such a request must be in writing on a form provided by the Department. The form shall require at least the following:
(1) Name, address, and telephone number of the applicant.
(2) Proof of authority to make application, i.e. proof of property ownership or right to occupy;
(3) The regulation being appealed; and
(4) The reason the regulation is being appealed and the proposed variance with enough detail to allow the Director to understand the situation and how the proposed regulation variance would provide substantially the same protection as the current regulation.
(b) If the Director determines that additional information is needed, the request for additional information shall be made to the applicant within thirty days from the date the request for the variance was received by the Director.
(c) Within thirty days of the receipt of such additional information by the Director, or, if no request for additional information is made by the Director, within thirty days of the date the request for regulation variance was received by the Director, the Director shall issue a written determination to the owner.
(d) The determination shall grant, deny, or partially grant the regulation variance request. A grant, whether partial or complete, may relieve the property owner from strict compliance with one or more regulations in this chapter if the proposed variance provides substantially the same protection as the regulation from which relief is sought. Reasonable conditions may be imposed as part of such a grant. The Public Works Director shall be guided by the facts and circumstances of the particular case with primary goal of protecting the City's well fields without creating undue hardship upon the property owner or lessee affected. A person may appeal a partial grant or a denial in accordance with Section 1041.14.
(Ord. 12-2. Passed 6-19-12.)
A person receiving a notice of violation or a partial or full denial of a request for regulation variance may appeal as follows:
(a) Appeal of Notice of Violation.
(1) The person who receives the notice of violation may appeal the notice of violation by filing the appeal in writing with the Director on a form provided by the Department within seven days of the date of the notice of violation. The appeal must state specifically the basis of the appeal and supply any relevant material.
(2) The Director shall issue a written determination of the appeal within thirty days of the date the completed appeal form is filed with the Department. The Director may affirm the notice of violation or may modify the notice of violation in whole or in part. The Determination shall set forth the reasons for the determination. The Director's determination is final.
(3) Except for cases in which the violation is an imminent threat to the health, safety, and/or welfare of the public, the filing of an appeal under this section tolls the running of the period given under the notice of violation to take corrective action.
(4) Failure to comply with the determination of the Director will result in one or more of the enforcement actions available under this chapter or otherwise under law being pursued by the Department.
(b) Appeal of Determination of Request for Regulation Variance. A person whose request for regulation variance was denied in whole or in part may appeal the denial to the Calhoun County Circuit Court.
(c) Appeal of Determination of Time-of-Travel Zone Application to Property. An owner or lessee of property who is aggrieved by a determination of which time-of-travel zone applies may appeal the determination to the Calhoun County Circuit Court.
(Ord. 12-2. Passed 6-19-12.)
(a) The Director is authorized to take, or contract with others to take, reasonable and necessary abatement or remedial activities whenever the Director determines a violation of this chapter has occurred and that the responsible person(s) cannot or will not timely correct the violation, or when no known responsible person can be identified. The responsible person(s) shall reimburse the City for all reasonable expenses thus incurred by the City. The City may seek full reimbursement from one or more of the responsible persons.
(b) Within ninety days of the completion of said activities, the City will mail to the responsible person(s) a notice of claim outlining the expenses incurred, including reasonable administrative costs, and the amounts thereof. The person billed shall pay said sum in full within thirty days of receipt of the claim. If the person billed desires to object to all or some of the amount sought by the Department, said person may file with the Department, within the same thirty-day period, a written objection setting forth the specific reasons for the objection and any supporting documentation. The Director shall, within thirty days of its receipt of the objection, provide the person objecting with a written determination of the objection. If the Director determines that some or the entire amount originally billed is appropriate, the person shall pay the sum determined to be appropriate within thirty days of receipt of that determination. If the amount due is not timely paid, the City may cause the charges to become a special assessment against the property and shall constitute a lien on the property and/or the City may collect the sum due through any means provided by law.
(Ord. 12-2. Passed 6-19-12.)
If a person has violated or continues to violate the provisions of this chapter, the City may petition the appropriate court for injunctive relief restraining the person from activities that would create further violations or compelling the person to perform necessary abatement or remediation.
(Ord. 12-2. Passed 6-19-12.)
Unless otherwise specifically provided, a violation of this Chapter is a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety days. Each day a violation exists shall be deemed a separate violation.
(Ord. 12-2. Passed 6-19-12.)
All former ordinances or parts of ordinances conflicting or inconsistent with the provisions of this Chapter are hereby repealed saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
(Ord. 12-2. Passed 6-19-12.)
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