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1371.04 APPEAL TO COUNCIL.
In the event the Board of Appeals denies an application, the applicant may appeal its decision to Council within thirty (30) days and Council may, by majority vote, act on the application, subject to the limitations set forth in this chapter.
(Ord. 2009-44. Passed 11-16-09.)
1371.05 PERMIT FEE; BOND.
If a permit is issued, the fee for such permit shall be as provided in Chapter 1309. Such permit shall contain the conditions imposed, if any, upon the posting of two separate bonds, one bond in favor of the Municipality, in the sum of five thousand dollars ($5,000) per acre or fraction thereof, conditioned upon the performance of the permit in accordance with its terms, shall be submitted, the bond to be signed by the applicant and the sureties as may be approved by the Mayor, and subject to the approval of the Law Director as to form. A separate bond in an amount based upon the Engineer’s estimate to insure appropriate drainage, erosion and sediment controls, on the property shall be submitted, the bond to be signed by the applicant and the sureties as may be approved by the Mayor, and subject to the approval of the Law Director as to form. In the event there is a violation of Chapter 1371, a notice shall be sent to the applicant/permittee of the violation and request that the violation(s) be corrected within thirty (30) days. If such violations are not corrected, all bonds on file with the Village shall be automatically forfeited and used by the Village to correct any such violations so noted.
(Ord. 2009-44. Passed 11-16-09.)
1371.06 EXCEPTION.
This chapter shall not apply to the removal or excavation of any soil or other substance which is only incidental to work or construction authorized under a building permit lawfully issued by the Building Commissioner pursuant to the requirements of other ordinances of the Municipality, nor to soil necessarily removed in the construction of a road.
(Ord. 2009-44. Passed 11-16-09.)
1371.07 INJUNCTION.
The Law Director or the owner of any property which will be specially damaged by a violation of this chapter, is hereby authorized to apply to a court of general jurisdiction for an injunction to restrain violations of this chapter.
(Ord. 2009-44. Passed 11-16-09.)
1371.99 PENALTY.
Any person, firm, corporation removing topsoil, loam, sand, gravel, or other substance from land within the Municipality without first obtaining a permit as required herein, or in violation of the terms of any permit granted as provided herein, and any person, firm or corporation who may be employed to assist in the commission of any such violation, shall for each and every violation or noncompliance, be fined not more than five thousand dollars ($5,000). Each day of such violation or failure to comply, after notification thereof, shall constitute a separate offense. (Ord. 2009-44. Passed 11-16-09.)