Fulton Administration and enforcement ordinance (§ 46-62)

(a) Responsibility. The administration of this article shall be the responsibility of the office of the city engineer.

(b) Variances.

(1) Standards. Variations from this article may be granted when it is demonstrated to the satisfaction of the city council that, owing to special conditions, a strict adherence to this article will result in unnecessary hardship and that the spirit and intent of this article will not be observed.

(2) Procedure. A request for variation shall be filed by the owner seeking to develop or change the use of this property or his agent with the city engineer who shall refer it, together with his recommendation, to the city council for decision. The request for variation shall be written and shall state specifically what variation is sought and the public's interest in granting the variation.

(c) Official maps and profiles. Responsibility for all changes to official maps and profiles remains with the city council.

(d) Interpretation. In the interpretation and application of this article, the provisions expressed in this article shall be held to be the minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(e) Inspection. The city engineer shall be responsible for determining whether the stormwater management plan is in conformance with division 3 of this article and whether development is proceeding in accordance with approved stormwater management plan. Periodic inspection of the development site shall be made by the city engineer to ensure the stormwater management plan is properly implemented. The city engineer and other duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation and measurement in accordance with this article.

(f) Enforcement.

(1) Work suspension. If work performed does not conform to the provisions of the approved stormwater management plan and specifications, a written notice to comply shall be served upon the developer. Such notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and construction may resume.

(2) Bond forfeiture. For continued violation of the approved stormwater management plan, a public hearing on the matter shall be conducted by the city council. Written notice of such hearing shall be served upon the developer by registered mail and shall state the grounds for complaint and

the time and place such hearing is to be held. Such notice shall be served at least 15 days prior to the date set for the hearing. At any such hearing, the developer shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. After such hearing, if the city council concludes that the issuance of additional correction notices would be futile, any bonds or cash deposits posted with the city shall be forfeited, whereupon such security shall be used for completion of the stormwater management plan as approved.

(g) Penalties. Any person who violates or fails to comply with this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than $25.00 or more than $200.00.

(h) Reserved.