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(a) All development areas are subject to external inspections by the Village and/or designated representative to ensure compliance with the approved ESCP.
(b) After each external inspection, the Village and or designated representative shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved ESCP, the Village may take action as detailed in Section 1164.14.
(Ord. 37-10. Passed 12-13-10.)
If an Erosion and Sedimentation Control Plan is required by this Chapter, then a performance and maintenance bond shall be posted according to Chapter 1117 of the Codified Ordinances of the Village of Obetz. The performance bond shall be posted prior to the start of any construction process requiring an ESP. No project will be released from Bond if there is failure to comply with an approved ESCP. The bond will be released upon final site stabilization as defined in Section 1164.09.
(Ord. 37-10. Passed 12-13-10.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village in relation to the regulations of Chapter 1164 may appeal to the Planning and Zoning Commission. The person seeking the appeal shall give written notice of the appeal to the Planning and Zoning Administrator. The Planning and Zoning Commission shall schedule a hearing within forty-five (45) days of receipt of the notice. Following the hearing, the Commission shall give written notification to the Appellant of its determination within thirty (30) days of the hearing. Following receipt of the Commission's determination, the Appellant may appeal the decision of the Commission to the Village Council within five (5) days of receipt of the notice. Appeals to Village Council shall be filed with the Council Clerk. All appeals shall include the Appellant's name, address, phone number, and a description of the order, requirement, determination, or other action or inaction by the Village.
(Ord. 37-10. Passed 12-13-10.)
(a) Where these regulations are in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 37-10. Passed 12-13-10.)
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Administrator and/or designees may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures if it is determined that such activity is not meeting the intent of this Chapter. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Administrator and/or designee finds that immediate action is necessary for public safety or the public interest, the Administrator or designee may require that work be stopped upon verbal order pending issuance of the written notice.
(c) The Planning and Zoning Commission may deny the issuance of any further zoning approvals for the property in question until the site is brought into compliance with this Chapter.
(d) The Building Department may suspend all inspections and suspend the issuance of occupancy certificates for sites that are not in compliance with this Chapter.
(e) The Village Engineer may suspend the inspection of site improvements and/or refuse the release of bonds on developments that are not in compliance with this Chapter.
(Ord. 37-10. Passed 12-13-10.)