(A) Appeal of notice of violation. Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Board of Public Works the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Board of Public Works shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Board of Public Works may consider the recommendations of the city staff and the comments of other persons having knowledge of the matter. In considering any such appeal, the Board may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(1) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with this chapter; and
(2) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(3) Any person who has appealed a violation to the appropriate board may appeal an adverse decision of the Board to the Daviess County court within 60 days of the Board’s order, all pursuant to I.C. 36-1-6-9(e) and (f).
(B) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 5 days of the decision of the appropriate board upholding the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property, including the commencing of a court action under I.C. 34-28-5-1(b),to be read together with I.C. 34-6-286(l)(B) and I.C. 13-21-3-12(4), to enforce the order of the appropriate board.
(Ord. 10-2024, passed 7-8-2024)