The grade setting fees shall be received by the Building Commissioner at the time of the issuance of a building permit and shall be a condition precedent to the issuance of the building permit.
Open land uses for the purpose of this chapter are the usual uses of properties not otherwise improved by the construction of a structure.
Any dissatisfaction with the grade finally established or set by the Engineer, or the requirements for rear yard drains which may be required by the City Engineer, shall be appealable to the Board of Zoning Appeals upon written notice of appeal within ten days of the order of the Building Commissioner establishing the grade. The Board shall consider the criteria required to be observed by the Engineer as herein set forth, accord a hearing to all interested parties, including adjoining land owners, and may affirm or modify the Engineer's determination. The order of the Board shall be subject to confirmation by Council.
(Ord. 2004-66. Passed 12-6-04.)