925.36 AMENDMENTS TO THE STORM WATER MANAGEMENT CODE.

   (a)   Whenever the public necessity, convenience, general welfare or good Storm Water Management practices requires, an amendment, supplement. or change may be considered by Council. Amendments may be initiated by the City Manager, by resolution of Council, or by motion of the Commission.

   (b)   All applications or proposals for amendments or supplements to any of the requirements of Sections 925.14 through 925.20 shall first be reviewed by the Commission. The Commission shall have the duty to submit to Council its recommendations regarding all such amendments.

   (c)   Applications for any change, amendment, or supplement shall be submitted and shall be accompanied by such date and information, as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of the property within the City, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment. An application initiated by Council shall be accompanied by its resolution pertaining thereto.

      (1)   Commission action. 

         A.   The Commission shall, within forty-five (45) days after receipt of application and the proposal, recommend the approval or denial of the proposed amendment or approval or some modification thereof and shall submit such recommendation together with such application and text pertaining thereto to Council;

         B.   Council may, on its own resolution, extend the time limitation for specific periods of time when it considers the extension is warranted.

      (2)    Council action. Within two regular Council meeting dates after receipt of the application or, when required, receipt of the Commission recommendations, Council shall either adopt or deny the proposed amendment or adopt some modification thereof.

   (d)   Appeal to Council Decision. Any person adversely affected by an order of Council adopting, amending, or rescinding any portion of this chapter may appeal to the Court of Common Pleas of Hamilton, Clermont, or Warrant Counties on the ground that Council failed to comply with the law in adopting, amending, rescinding or publishing such regulation, or that the regulation, as adopted or amended by Council is unreasonable or unlawful, or that that revision of the regulation was unreasonable or unlawful.

(Ord. 2003-07. Passed 1-28-03.)

   LEGAL ISSUES