(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 City of Greensburg Board of Works 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 City of Greensburg Board of Works shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the City of Greensburg Board of Works shall consider the recommendations of the City of Greensburg Staff and the comments of other persons having knowledge of the matter. In considering any such appeal, the City of Greensburg Board of Works 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 ordinance; 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.
(3) Pursuant to IC 36-1-6-9(e) and (f), any person who has appealed against a violation to the City of Greensburg Board and has received an adverse decision that the person objects to may appeal that decision to the Decatur County court within 60 days of the Board's order.
(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 City of Greensburg Board of Work upholding the decision of the City of Greensburg Engineer, then representatives of the City of Greensburg 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, including the commencing of a court action under IC 34-28-5-1(b),to be read together with IC 34-6-2-86(1)(B) and 13-21-3-12(4), to enforce the order of the City of Greensburg Board of Works.
(Ord. 2023-15 passed 9-12-23)