(A) Adherence to approved plans.
(1) It shall be unlawful for any person to construct or improve any structure, to grade or do any earth moving, to construct or improve any by-pass channel or storm water storage area, or perform any removal, grading, clearing, stripping, excavating, filling, development or to install any control structure, on any property subject to this chapter or on any property for which final engineering plans have been approved pursuant to this chapter, except as provided for in such final engineering plans as are approved pursuant to this chapter.
(2) It shall be unlawful for the owner of any property which has been improved, graded or developed in accordance with final engineering plans approved pursuant to this chapter or upon which a control structure has been installed or a by-pass channel or storm water storage area has been constructed in accordance with such engineering plans, to alter or change any structure, grade, contour line, by-pass channel or storm water storage area in contravention of such approved engineering plans; to alter or remove any control structure required by such approved engineering plans; or to allow the property to remain in a condition which does not conform to such approved engineering plans in any respect.
(B) Enforcement. The City Manager, or his designee, is hereby authorized and directed to enforce all of the provisions of this chapter. Upon presentation of proper credentials, the City Manager, or his designee, and any duly authorized representatives may enter at reasonable times upon any property within the city to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
(C) Duty of property owner. It shall be the duty of the owner of any property required to be improved or developed in conformance with plans approved pursuant to this chapter to bring such property into compliance with said plans within ten days of receipt of notice from the City Manager, or his designee, that a determination has been made that the property does not conform to the plans under which said property was improved or developed.
(D) Right of appeal.
(1) Any person aggrieved by a determination of the City Manager, or his designee, in regard to this chapter, or any person desiring a variance to the strict application of these regulations, may file an appeal with the Building Board of Appeals by serving written notice on the City Manager. Said appeal or request for variance shall be filed within three days of the determination being appealed. The Building Board of Appeals shall conduct a hearing on the request for relief within three days of the request being filed. The Building Board of Appeals shall forward a determination on the appeal or request for variance within three days of the conclusion of the hearing on the matter.
(2) Pending the result of such an appeal, the city shall take no action against the property owner except in those cases where the City Engineer determines that the condition of the subject property presents an immediate threat of flooding, erosion, or damage by flash runoff to downstream residents. In such event, the city may seek immediate compliance with the approved plans for said property.
(Ord. 3270, passed 8-28-00)