Callaway County NPDES Phase II Regulations:
A. Intent and Purpose
B. Responsibility for Administration
C. Limitations on Liability
D. Conditions, Interpretations, Conflict, Separability
E. Access to Facilities
F. Regulated Area
II. Illicit Discharge Detection and Elimination
B. Prohibitions and Exemptions
C. Violations and Penalties
III. Construction Site Runoff Control
B. Permit Required
C. Erosion and Sediment Controls
D. Control of Other Construction Pollutants
F. Violations and Penalties
IV. Post-Construction Runoff Control
B. Establishment of Stormwater Management Design Standards
C. Establishment of Stream Buffers
D. Encouragement of Low Impact Development Practices
V. Abatement of Violations
A. Notice to Abate
B. Contents of Notice
C. Service of Notice
D. Abatement by County
E. Costs of Abatement to be Assessed
The purpose of these regulations is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of all stormwater facilities and development. It is more specifically the intent of these regulations to address requirements under the federal Clean Water Act, National Pollution Discharge Elimination System Phase II.
The provisions of this code shall be administered and enforced as directed by the County Highway Administrator. The County Highway Administrator shall prescribe forms for attainment of the purposes of this code and for the proper enforcement thereof. The County Highway Administrator may delegate the administration of this code, or any part thereof, subject to limitations of the codes of the County, to duly qualified employees, deputies or agents of the County.
Floods from stormwater runoff may occur which exceed the capacity of stormwater drainage facilities constructed and maintained under this code. This code does not guarantee that property will always be free from stormwater flooding or flood damage. This code shall not create a liability on the part of, or cause of action against, the County or any officer or employee thereof for any flood damage. Neither does this code purport to reduce the need or the necessity for obtaining flood insurance.
1. Conditions. Regulation of stormwater drainage and the attachment of reasonable conditions thereto is an exercise of the valid police power delegated by the State of Missouri to the County. Property owners have the duty of compliance with reasonable policies, regulations, standards and conditions established by the County for design, construction, improvement and restrictive use of the land so as to conform to the physical and economical development of the County, and to promote the health, safety and general welfare of the community at large.
2. Interpretation. The provisions of this code shall be the minimum requirements for the protection of the public health, safety and general welfare.
3. Conflict. Conflict with public and private provisions:
a. Public provisions. Where any provision of this code imposes restrictions different from those imposed by any other law or regulation, whichever is more restrictive or imposes a higher standard shall control.
b. Private provisions. This code is not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of this code are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this code shall govern.
4. Separability. The provisions and sections of this code shall be deemed to be separable, and the invalidity of any portion of this code shall not affect the validity of the remainder.
The County shall be permitted to enter and inspect facilities subject to regulation under this code as often as may be necessary to determine compliance with this code. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the County.
Unreasonable delays in allowing the County access to a permitted facility is a violation of a storm water discharge permit and of this code.
If the County has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this code, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this code or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the County may seek issuance of a search warrant from any court of competent jurisdiction.
These regulations shall only apply to the portion of the County designated as an “urbanized area” by the United States Bureau of the Census. A map of this area is available from the County Highway Administrator.
Unless specifically defined below, words or phrases in this code shall be interpreted so as to give them the meaning they have in common usage and to give this code its most reasonable application:
Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
County. The government of Callaway County, Missouri, governed by the Callaway County Commission.
County Highway Administrator. The Callaway County Highway Administrator appointed by the Callaway County Commission or his or her duly authorized deputy.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Clearing. Any activity which removes the vegetative surface cover.
Design year storm. The selected or established frequency or return period of rainfall time-duration for which drainage facilities are to be designed.
Detention basin. Any man-made area which serves as a means of controlling and storing stormwater runoff.
Developer. A person directing or participating in the direction of improvements on and/or to land, including, but not limited to, the owner of the land, a general contractor or a commercial agent engaged for such activity.
Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. May also include any change of land use.
Drainage Basin (Watersheds). The catchment area from which stormwater is carried off by a watercourse or storm drainage system. The area served by a drainage system receiving storm and other surface-borne water. The boundaries of a drainage basin are a product of natural topography and drainage system configuration.
Drainage facility. A man-made structure or natural watercourse for the conveyance of stormwater runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
Drainage Way. Any channel that conveys surface runoff.
Erosion Control. Measures that prevent erosion.
Erosion and Sediment Control Plan. A set of plans prepared by or under the direction of a licensed professional engineer that indicates the specific measures and sequencing to be used controlling sediment and erosion on a development site both before, during and after construction.
Grading. Excavation or fill of material, including the resulting condition thereof.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted by this section.
Illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Impervious surface. Surfaces on real property where infiltration of stormwater into the earth has been virtually eliminated by the works of man.
Improved land. Land having improvements that are impervious to, or alter the flow of, stormwater within the limits of a platted, or otherwise distinguished, parcel of land.
Improvement. A structure on or other alteration of land.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Natural Stream. For the purposes of this code, natural stream shall be defined as a water course containing an ordinary high water mark most typically indicated as either a dashed (intermittent) or solid (perennial) blue line on the USGS 7.5 minute quadrangle maps.
Ordinary High Water Mark. A line on the bank established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
Owner. Any person, firm, association, syndicate, partnership, corporation, trust, or any other entity having legal title to, or a sufficient proprietary interest to legally transfer, real property. Proprietary interest shall include, but not be limited to, estate administration, trusteeship, guardianship and actions under a valid power of attorney. Proprietary interest shall not include an agency or a bare employment relation.
Perimeter Control. A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.
Person. A natural person, corporation, partnership or other entity.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Riparian Buffer. An area of land adjacent to a waterway or wetland area, predominantly indicated by vegetation tolerant to occasional inundation or that thrive in close proximity to water. Native vegetation tends to be more dense than in upland areas. The intended purpose of the buffer is to protect water quality through filtration and infiltration, minimize the effects of stream bank erosion and enhance flood protection. After the riparian buffer is platted, the area designated on the plat as the riparian buffer shall be substituted for this definition.
Sediment Control. Measures that prevent eroded sediment from leaving the site.
Site. A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
Stabilization. The use of practices that prevent exposed soil from eroding.
Start of Construction. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Storm drain. An improved storm drain is a closed conduit or paved open ditch for conducting collected stormwater. An unimproved storm drain is an open ditch, natural or specifically constructed for conveying collected stormwater.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation (such as rain or snow), and resulting from such precipitation.
Stormwater drainage system. All drainage facilities used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlets including, but not limited to, any and all of the following: Conduits and appurtenant features, canals, ditches, streams, gullies, flumes, culverts, streets, gutters and pump stations.
Stormwater Pollution Prevention Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Swale. A relatively wide, shallow ditch used to carry stormwater runoff.
Unimproved land. Land in its natural state.
Unreasonable delay. More than three (3) hours when there is an immediate threat to public health, safety or welfare or twenty-four (24) hours when there is suspicion of other violations.
Variance. A grant or relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
Vegetation. Trees, shrubs, grasses and other plant material.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
Watercourse. A stream, usually flowing in a particular direction (though it need not flow continuously in a definite channel), having a bed or banks and usually discharging into some other stream or body of water.
1. Purpose. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the County through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives are:
a. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user
b. To prohibit Illicit Connections and Discharges to the MS4
c. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this section
2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted.
3. Ultimate Responsibility. The standards set forth in this article and promulgated pursuant to this article are minimum standards. Compliance with this article does not insure that there will be no contamination, pollution or unauthorized discharge of pollutants into the waters of the United States. This article shall not create liability on the part of the County or any agent or employee of the County for any damages that result from any discharges, reliance on this article or any administrative decision made under this article.
1. Illegal Discharges. Except as provided below, it shall be unlawful for any person to discharge or cause to be discharged into the municipal separate storm sewer system or into any water course any material other than stormwater.
The following discharges are exempt from the discharge prohibitions established by this code:
a. Waterline flushing or other potable water sources;
b. Landscape irrigation or lawn watering;
c. Diverted stream flows;
d. Rising groundwater;
e. Groundwater infiltration;
f. Uncontaminated pumped groundwater;
g. Foundation or footing drains excluding active groundwater de-watering systems;
h. Crawlspace pumps, air conditioning condensation;
j. Non-commercial washing of vehicles;
k. Natural riparian habitat or wetland flows;
l. Swimming pools if de-chlorinated to less than 1 ppm chlorine;
m. Fire fighting activities;
n. Other water not containing pollutants;
o. Discharges specified by the County as necessary to protect public health and safety;
p. Dye testing if notification is given to the County before the test; and
q. Any non-storm water discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the municipal separate storm sewer system.
2. Illicit connections.
a. It shall be unlawful for any person to construct, use, maintain or have an illicit connection.
b. This section expressly applies to illicit connections made in the past even if the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. Waste disposal prohibitions.
It shall be unlawful for any person to place, deposit or dump or to cause or allow the placing, depositing or dumping any refuse, rubbish, yard waste, paper litter or other discarded or abandoned objects, articles and accumulations containing pollutants into the municipal separate storm sewer system or into any waterway.
4. Connection of sanitary sewer prohibited.
It shall be unlawful for any person to connect a line conveying sewage to the municipal separate storm sewer system or to allow such a connection to continue.
5. Industrial or construction activity discharges.
It shall be unlawful for any person subject to an industrial activity or construction NPDES storm water discharge permit to fail to comply with all provisions of such permit.
6. Continuing violation.
Each day that a violation of this article continues shall be deemed a separate offense.
7. Violations and Penalties
Upon discovery of a violation of this code, the property owner will be notified and given a reasonable time to remedy the violation. The owner may request a hearing before the County Highway Administrator to review any violation notice within the given time frame. If such a request is made, the County Highway Administrator shall promptly set a hearing on the matter. Any person aggrieved by a decision of the County Highway Administrator may appeal his decision to the Circuit Court of Callaway County.
If the violation is not corrected within the time frame set forth in the notice, the County will proceed with abatement of the violation following procedures set forth in Section V. Violators may also be subject to up to a $500 fine or 90 days in jail or any combination thereof.
Grading, erosion control practices, sediment control practices, and waterway crossings shall be adequate to prevent transportation of sediment from the site. Good housekeeping best management practices shall be employed in order to prevent other potential pollutants from entering waterways as a result of construction activities.
B. Permit Required.
For all land disturbance greater than one (1) acre, a permit must be obtained from the County. In order to receive a permit, the following documents, prepared by a registered professional engineer, must be provided to the County Highway Administrator:
1. Grading plan showing at a minimum:
a. property boundary and dimensions
b. existing and proposed structures and pavement
c. existing and proposed grades (either shown through spot grades or contours) and the benchmark upon which they are based including the datum identification
d. relationship to rights-of-way, easements and known utility locations
e. location of any drainage ways or floodplains
f. name of project, location map, name/address of engineer and owner/developer, north arrow and scale
2. Drainage area map and calculations
3. Erosion and sediment control plan (including any necessary details) and SWPPP
4. Copy of the state land disturbance permit
5. Copy of the Army Corps of Engineers 404 permit, if applicable
6. Completed permit form and permit fee of $150.
C. Erosion and Sediment Control.
1. Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used wherever feasible.
2. Phasing shall be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review.
3. Clearing, except that necessary to establish erosion and sediment control devices, shall not begin until all erosion and sediment control devices have been installed.
4. Cut and fill slopes shall be no greater than 2:1, except as approved by the County to meet other community or environmental objectives.
5. Soil must be stabilized within 14 days of clearing or inactivity in construction, unless otherwise authorized.
6. If vegetative erosion control methods, such as seeding, have not become established, the County may require that the site be reseeded, or that a non-vegetative option be employed where possible.
7. Soil stockpiles shall be protected from allowing sediment to leave the site.
8. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
9. Techniques that divert upland runoff past disturbed slopes shall be employed where feasible.
10. Sediment controls shall be provided in the form of settling basins or sediment traps, and perimeter controls.
11. Adjacent properties shall be protected by the use of a vegetated buffer strip where possible, in combination with perimeter controls.
12. When a wet watercourse must be crossed regularly during construction, a temporary stream crossing or armored crossing shall be provided, and an approval obtained from the U.S. Army Corps of Engineers. When in-channel work is conducted, the channel shall be stabilized before, during and after work.
13. Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.
14. A temporary access road or driveway shall be provided at all sites where a land disturbance permit is required. Other measures may be required in order to ensure that sediment is not tracked onto streets by construction vehicles, or washed into storm drains. Regardless of the amount of land disturbance at a particular site, it shall be the responsibility of the permit holder and/or property owner to ensure streets surrounding a permitted site are kept free of excessive trash and debris and sediment throughout the term of the permit. Upon notification that a problem exists, the permit holder and/or property owner shall immediately remedy the issue. If the permit holder and/or property owner fails to remedy such issue, the County may temporarily suspend the permit until the problem has been resolved. If a permit holder and/or property owner does not address the issue after requested, the County may choose to remedy the situation and bill the permit holder and/or property owner for any reasonable associated costs. The permit will remain suspended until said bill is paid. Alternatively, the permit holder and/or property owner may request a hearing with the County Highway Administrator to contest the abatement costs.
D. Control of Other Construction Pollutants
1. Concrete Truck Washout. Concrete truck washout shall not discharge surplus concrete or drum wash water on the site in such a matter that promotes contact with storm waters discharging from the site.
2. Construction Waste. All construction waste material shall be collected, deposited, and stored in a manner to prevent contact with storm waters discharging from the site and shall be disposed of by a licensed solid waste management contractor. No waste shall be buried on the site.
3. Sanitary Waste. A licensed sanitary waste management contractor shall collect all sanitary waste from portable units that will be maintained on a regular basis for any site that cannot provide other means of sanitary waste disposal.
4. Petroleum Products. All construction equipment and vehicles shall be monitored for leaks and receive regular preventative maintenance to ensure proper operation and reduce the risk for leaks or spills. Petroleum products shall be stored in clearly labeled and tightly sealed containers or tanks. Any soil contaminated by fuel or oil spills shall be removed and disposed of properly.
5. Fertilizers. Fertilizers shall be applied following manufacturer’s recommendations. Fertilizers shall be stored in a covered area or in watertight containers. Partially used products shall be properly sealed and stored to avoid spills or leaks.
6. Hazardous materials. Storage areas for hazardous materials such as oils, greases, paints, fuels, and chemicals, shall be provided with secondary containment to ensure that spills in these areas do not reach waters of the State. All hazardous waste materials shall be disposed of according to state regulation or the manufacturer’s recommendations.
1. The County may periodically inspect development sites. Through such periodic inspections, the County shall ensure that the Stormwater Pollution Prevention Plan (SWPPP) is properly implemented and any necessary amendments thereto made in order to protect the environment and the public’s health, safety and welfare. The erosion and sediment control measures for the site must be maintained by the developer until the site is stabilized.
2. The permitee shall notify the County at least two (2) working days before the following:
a. Start of Construction
b. Site Clearing has been completed
c. Rough Grading has been completed
d. Final Grading has been completed
3. The permitee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s) or in the Stormwater Pollution Prevention Plan (SWPPP). The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for additional control measures and/or maintenance of existing measures. All inspections shall be documented in written form and kept readily on site. At a minimum, these inspections shall take place weekly or after any rain event producing runoff.
1. The County may suspend or revoke any permit associated with the site or any permit associated with the person(s) holding the permit(s) for the site for non-compliance with this article.
a. Upon discovery of a violation of this article, the contractor will be notified and given up to seven (7) days to remedy the violation. The owner may request a hearing before the County Highway Administrator to review any violation notice within the given time frame. If such a request is made, the County Highway Administrator shall promptly set a hearing on the matter. Any person aggrieved by a decision of the County Highway Administrator may appeal his decision to the Circuit Court of Callaway County.
b. If the violation has not been remedied within the time frame set forth in the notice, the permit(s) will be suspended. Once the violation has been remedied, the suspension will be lifted.
c. If the violation for which the permit(s) was suspended is not corrected within 30 days, the permit(s) shall be revoked and the County will proceed with abatement of the violation.
d. After two (2) suspensions of a permit for the same site for similar violations, the permit(s) may be revoked for up to a year and no additional permits may be issued for a period of no less than twelve (12) months. Additionally, any remediation or abatement costs will be required to be paid prior to re-issuance.
3. Person(s) found to be working without an approved permit or under a suspended or revoked permit may be subject to up to a $500 fine or 90 days in jail or any combination thereof. A permit may only be unsuspended after the aforementioned penalty is paid/served. A permit may only be issued or re-issued after both the aforementioned penalty is paid/served and the application process is completed including three times the ordinary permit fee.
The purpose of post-construction stormwater runoff control is to provide for the long term management of both the quantity and quality of the stormwater runoff that will leave a site.
The storm drainage facility design procedures and erosion and sediment control design procedures stipulated in Appendix F of the Callaway County, Missouri, Policies and Specifications for Road Construction and Acceptance shall be followed insofar as applicable. The standard drawings in Appendix B of the Callaway County, Missouri, Policies and Specifications for Road Construction and Acceptance shall be referenced as necessary for design and construction. Plans shall include all drawings, narratives and computations as outlined in Appendices D and E of these standards. Written justification for all deviations must be prepared and submitted in accordance with the variance procedures set forth in this code.
Natural stream protection shall be provided on all developments platted after August 1, 2008.
1. Natural streams shall be buffered by a twenty-five (25) foot riparian buffer zone plus an additional twenty-five (25) foot building setback on each side. The riparian buffer zone shall be measured from the ordinary high water mark and the building setback shall be measured from the edge of the riparian buffer zone.
2. Riparian buffer zones shall remain undisturbed to the maximum extent practicable. This zone prohibits any land disturbance, clearing, grubbing, or any other construction activities except as necessary for utility construction and road access. Such construction shall minimize disturbance of the stream and riparian buffer zone. Naturally occurring vegetation within the riparian buffer zone shall not be removed, diminished, inhibited, mowed or substantially altered from its natural state or growth.
3. Adjustments in widths of the riparian buffer zone or adjacent building setback may be made when approved by the County Highway Administrator when local conditions justify deviation from the standard widths.
4. Wherever the designated riparian buffer zone must be disturbed, mitigation measures shall be taken to re-establish vegetative filtration and stream stabilization to the maximum extent practicable.
Concepts of Low Impact Development where stormwater is detained in dispersed micro-detention in order to more closely mimic pre-development hydrographs, natural topography is preserved to the maximum extent practicable, impervious surface area is minimized and open space is preserved are preferred to methods that reduce peak discharges while extending the time that natural channels are exposed to channel forming flows. It is recommended that these concepts be employed where the site conditions and soil composition favor them.
Where undue hardships or practical difficulties may result from strict compliance with this code, the developer may petition the County Highway Administrator for a variance. Staff may recommend, and the commission may approve, variances so that substantial justice may be done and the public interest secured; provided, that any such variance shall not have the effect of nullifying the intent and purpose of this code; and further provided, that the commission shall not grant variances unless they find and determine that:
a. The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements.
b. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, are not applicable generally to other property, and are not self-imposed.
c. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if this code was strictly interpreted and carried out.
In recommending variances and exceptions, staff may recommend and the commission may require such conditions as will, in the judgment of each, secure substantially the objectives of the standards or requirements of this code.
A petition for a variance shall be submitted at the time of filing for the permit. The petition shall state fully the grounds for the request and all facts relied upon by the practitioner.
A. Notice to abate.
Whenever a violation is found to exist, a duly designated officer or employee of the county shall give written notice, in accordance with Section B, to the owner of the property upon which such violation exists or upon the person causing or maintaining the violation.
1. Any notice to abate a violation issued under the provisions of this article shall contain each of the following:
a. A full description of what constitutes the violation.
b. A statement of acts necessary to abate the violation.
c. An order to remedy the violation, notice of procedures to request a hearing, and a reasonable time either to remedy the violation or request a hearing.
d. A statement of notice that if the violation is not abated as directed and no request for hearing is made within the prescribed time, the county will abate such violation and assess the costs thereof against such person as outlined in Sections D and E.
2. Where abatement of a violation is required in order to maintain the health, safety or welfare of the residents of the county, and inadequate action has been taken to remedy the situation upon previous notice served:
a. A full and adequate hearing shall be called and conducted by the County Highway Administrator or his duly designated representative, known in this subsection as the hearing officer.
b. The owner as shown by the land records of the county recorder of deeds, shall be made party to the hearing, shall have an opportunity to be heard, and shall be served notice of the hearing (personally or certified mail, return receipt requested; if those methods fail, service may be had by publication) allowing at least ten (10) days written notice. The notice shall include the date, time and place of the hearing.
c. Any party may be represented by counsel and have the right to present evidence.
d. In the event that any party fails to appear at the hearing, the evidence of the existence of facts shall be considered unrebutted.
e. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence or which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing officer.
f. If, after the hearing, competent and substantial evidence shows the violation to be detrimental to the health, safety, or welfare of the residents of the county, the hearing officer shall issue an order making specific findings of fact and order the violation be removed. If the evidence presented does not support a finding that the violation is detrimental to the health, safety, or welfare of the residents of the county, no order shall be issued.
The notice to abate a violation shall be served as any other legal process may be served pursuant to law.
Upon the failure of the person upon whom notice to abate a violation was served pursuant to the provisions of this article to abate the same, a duly designated agent or employee of the county shall proceed to abate such violation and shall prepare a statement of costs incurred in the abatement thereof.
Any and all costs incurred by the county in the abatement of a violation under the provisions of this article shall be certified to the county clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefore against the property be prepared and collected by the official responsible for collecting personal property taxes. The special tax bill or assessment shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.