(A) Exceptions. The Director of Public Works may authorize exceptions to any of the requirements and regulations set forth in this chapter.
(1) Application for exception. Application for any exception shall be made by a verified petition of applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the site development permit application. In order for the land referred to in the petition to come within the provisions of this section, it shall be necessary that the Director of Public Works find all of the following facts with respect thereto:
(a) That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record that it is impossible or impractical for the subdivider or property owner to comply with all of the regulations of this chapter.
(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(2) Referral of proposed exception. Each proposed exception shall be referred to the Village Engineer and Director of Public Works for decision.
(3) Appeals. After review thereon, the Director of Public Works may approve the site development permit application with the exceptions and conditions he or she deems necessary or may disapprove such site development permit application and exception application or it may take such other action as is appropriate. Any person aggrieved by the decision of the Director of Public Works may appeal that decision to the village's Public Works and Boundaries Committee, which shall review the decision and either affirm, modify or reverse it. The decision of the Committee shall be final.
(B) Revocation of permit.
(1) Authority. In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the said permittee, or conducts or carries on said site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Director of Public Works shall revoke or suspend the site development permit.
(2) Procedure for revoking site development permit. No site development permit shall be permanently revoked or suspended until a review is held by the Director of Public Works. Written notice of such review shall be served upon the permittee, either personally or by registered mail, and shall state:
(a) The grounds for complaint or reasons for the revocation or suspension, in clear and concise language.
(b) The time when, and the place where such review is to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the review. At any such review the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of such review the Director of Public Works shall determine whether or not the permit shall be suspended or revoked.
(c) The Director of Public Works shall hold a hearing to consider the revocation or suspension of permits which have been temporarily suspended, at which all conditions of division (b) above can be fulfilled.
(3) Any person aggrieved by the decision of the Director of Public Works may appeal that decision to the village's Public Works and Boundaries Committee, which shall review the decision and either affirm, modify or reverse it. The decision of the Committee shall be final.
(C) Fees. Filing fees and deposits for services shall be as set forth in village ordinances or as deemed necessary for specific projects.
(D) Nuisances. This chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(E) Violations and penalties. No person, firm or corporation shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $500 per day. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(Ord. 2008-O-004, passed 2-26-08)