A. Fees, charges, and expenses. The Board of Aldermen shall establish a schedule of fees, charges, and expenses, and a collection procedure for plat and improvement plan review, permits, inspections, and other matters pertaining to this article. Such fees are in addition to any other fees required by other agencies or utility companies. The schedule of fees shall be posted in the office of the Director of Public Services and may be amended only by the Board of Aldermen. No plat or improvement plan review shall be initiated, nor permits, waiver, or other approvals be issued, unless or until such applicable fees, charges, or expenses established by the Board have been paid in full. No action shall be taken on proceedings before the Board of Aldermen unless or until such fees have been paid in full.
B. Permits: grading (on-site excavation and filling). A grading permit shall be required in accordance with Chapter
7, Article
III, Grading and Excavating. This permit shall not be issued for new development until all improvement plans have been approved.
C. Permits: improvement construction.
1. Applicability. Prior to the construction of improvements required under this article, an improvement construction permit shall be obtained in accordance with this section.
2. Issuance. An improvement construction permit may be issued by the Director of Public Services following approval of the improvement plans in accordance with this article.
D. Duties of Director of Public Services. The provisions of this article shall be administered and enforced by the Director of Public Services, who shall have the following duties and authority with respect this article:
1. Shall serve as the administrative officer in charge of carrying out the intent of this article.
2. May supplement the standards contained in this article with additional engineering design standards, as necessary to accomplish the purposes and intent of this article.
3. May designate one or more additional members of the Department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Public Services, and the term "Director of Public Services," as used elsewhere in this article, shall be deemed to include such deputies.
4. May cause the cessation of any construction or reconstruction of any land improvements which are in violation of this article by issuing a stop-work order.
5. May refer any violation of this article to the City Attorney for prosecution or other appropriate action when deemed necessary.
6. May adopt such administrative policies as necessary for carrying out administration and enforcement responsibilities.
E. Inspection of land and improvements. The Director of Public Services is authorized to inspect or cause to be inspected any land in the City upon which any site grading or site improvements are proposed or are in progress, so as to ensure the compliance with the provisions of this article. The Director or his/her designated representative shall present proper identification upon demand when entering upon any land or structure for purposes of this article.
F. Violations and penalties.
1. No property description of any subdivision within the jurisdiction of this article shall be entitled to be recorded in the office of the County Recorder of Deeds or have any validity until it has been approved in a manner prescribed in this article. In the event that any such unapproved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid.
2. Any person, firm, association, or corporation violating any provision of this article, or any employee, assistant, agent, or any other person participating or taking part in, joining, or aiding in a violation of any provision of this article, may be prosecuted as provided by law for the violation of ordinances of the City.
3. Any such person who, having been served with an order to remove any such violation, fails to comply with the order within 30 days after such order, or continues to violate any provisions of the regulations made under the authority of this article in the respect named in such order, shall also be subject to a civil penalty of $250.
4. In addition to the penalties hereinabove authorized and established, the City Attorney may take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of this article.
G. Waivers. When a developer or subdivider of land can show that a provision of this article would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the Planning Commission, because of conditions peculiar to the site, the Board of Aldermen may grant a waiver or modification to the provisions of this article. Any such waiver or modification thus approved shall be entered in the minutes of the Board of Aldermen meeting, and the reasoning on which the waiver or modification was justified shall be set forth. Approval of the waiver or modification shall be by ordinance, usually as part of the ordinance approving the final plat of the subdivision. Application for a waiver shall be made in the manner provided by Article
III (Applications and Procedures), §
26-8A (Common procedures for all applications). The Planning Commission shall review the request and make a recommendation to the Board of Aldermen. The Board of Aldermen may take any action outlined in Article
III (Applications and Procedures), §
26-8G (Common procedures for all applications).
H. Amendments. The provisions of this article may be amended from time to time by ordinance. Amendments shall be made in accordance with the procedures for text amendments as established by Article
I (General Provisions), § 26-3(Administration and review bodies), Subsection
D (Board of Adjustment), of this chapter.
