(A) Adherence to approved plans.
(1) It shall be unlawful for any person, firm, or corporation 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 to install any control structure, on any property for which final engineering plans have been approved pursuant to approval of a final plat of subdivision of any property subdivided within the city, except as provided for in the final engineering plans as are approved pursuant to a final plat of subdivision.
(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 approval of a final plat or subdivision of any property subdivided within the city, 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 engineering plans, to alter or change any structure, grade, contour line, by-pass channel or storm water storage area in contravention of the approved engineering plans; to alter or remove any control structure required by the approved engineering plans; or to allow the property to remain in a condition which does not conform to approved engineering plans in any respect.
(B) Enforcement. The Zoning Officer is authorized and directed to enforce all of the provisions of this section. Upon presentation or proper credentials, the Zoning Officer and his 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 section.
(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 final engineering plans approved pursuant to approval of a final plat or subdivision of any property subdivided within the city, to bring the property into compliance with the engineering plans within ten days of receipt of notice from the Zoning Officer that a determination has been made that the property does not conform to final engineering plans under which the property was improved or developed.
(D) Right of appeal.
(1) Any person aggrieved by a determina-tion of the Zoning Officer of that property does not conform to approved final engineering plans for the property may appeal the determination to the City Engineer by serving written notice on the City Administrator. The City Engineer shall confine its investigation and ruling to a review of the correctness of the Zoning Officer's interpretation of compliance with the approved plans; the City Engineer shall not have the authority to alter or change any approved plans or to allow a variance from full compliance with the plans.
(2) An appeal shall be heard by the City Engineer. Pending the result of an appeal, the city shall take no action against the property owner except in those cases where the Zoning Officer determines that the condition of the subject property presents an immediate threat of flooding or damage by flash run-off to downstream residents. In that event, the city may seek immediate compliance with the approved engineering plans for the property.
(`79 Code, § 93.700) (Ord. 89-162, passed 7-3-89) Penalty, see § 10.99