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07-25-2005 Council Packet
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07-25-2005 Council Packet
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(68-71 ORONO CITY CODE <br />the building official, who shall coordinate all <br />permit applications and inspection services. The <br />on-site systems manager or building official shall <br />review and evaluate technical matters including <br />ISTS design and installation as provided in this <br />division. <br />(Code 1984, 9 12.3(K8XA); Ord. No. 100 2nd se <br />ries, 9 4, 2-10-1992; Ord. No. 199 2nd series, <br />9 1(12.30(8XA)), 5-8-2000) <br />See. 68«72. Enforcement; violation. <br />(a) Enforcement. It shall be the duty of the <br />building official to enforce the proviuons of this <br />article and to bring to the attention of the prose <br />cuting attorney any violations or lack of compli <br />ance with this article. <br />(3) Variance approvals shall be subject to all <br />conditions established by the city at the <br />time of approval and thereafter. <br />(4) Any variance application may be referred <br />to the city council for review by the on-site <br />S]rstems manager. <br />(Code 1984, 9 12.3(X4XE): Ord. No. 100 2nd se <br />ries, 9 4, 2-10-1992; Ord. No. 199 2nd series, <br />9 1(12.30(4XE)), 5-8-2000) <br />Sec. 68-74. Inspection program. <br />For purposes of ensuring continued proper use <br />and maintenance of all emsting ISTS's, the city <br />shall periodically inspect each existing ISTS and <br />shall classify each ISTS as code, compliant or a <br />noncompliant. <br />(b) Civil enforcement. Appropriate actions and <br />proceedings may be taken by lew or in equity to <br />prevent any violation of the provisions of this <br />article to prevent unlawful construction, to re <br />cover damages, to restrain, correct or abate a <br />violation, to prevent illegal occupancy of a build <br />ing, or to prevent continued use a noncompliant <br />ISTS. ^ <br />(Code 1984, 9 12.3(X9); Ord. No. 100 2nd series>^i^ <br />9 4, 2-10-1992; Ord. No. 199 2nd series, ^ ^ <br />9 1(12.30(9)), 5-8-2000) ^ <br />Sec. 08-78. Variances. <br />The on-site ssrstems manager may grant vari <br />ances to the provisions of this article due to <br />unneoessaiy or uitintended hardship to the owner <br />that are not contrary to the intent and purpose of <br />this article or other applicable law. Variance ap <br />plications shall be reviewed by the on-site sys <br />tems manager upon written request of the owner <br />or the owner's agent. <br />(1) Variance applications must include com <br />plete soil testing and ISTS design in ac <br />cordance with this article, including the <br />identification of any site limitations lead <br />ing to the variance request. <br />(2) Variances shall be approved, condition <br />ally approved or reacted in writing by city <br />staff. The owner shall pay all costs in <br />curred by the city in the review of the <br />proposal. <br />(1) Right of entry. The city inspector shall <br />have the ri^t of entry onto every prop <br />erty in the city, which property includes <br />an ISTS, for purposes of inspecting such <br />ISTS for compliance with the provisions <br />of this article. Each construction pennit <br />issued after adoption of the ordinance <br />firom which this article is derived shall be <br />construed as the right of entiy to the city <br />inspector by explicit approval of the owner <br />requesting such permit, which approval <br />may be filed in the chain of title for the <br />property. Failure of any party to grant the <br />city access for this iMirpase shall be grounds <br />to classify any ISTS on the property as <br />noncompliant. The city attorney shall <br />thereafter take such action as is neces <br />sary to enable the city to perform the <br />inspection and to enforce all the provi <br />sions of this article, and to assess the cost <br />thereof against the property. <br />Inspection report. Within 30 days after <br />the inspection of each ISTS by the city, the <br />city shall provide the results of such in <br />spection m writing to the owner of the <br />ISTS, including the classification of the <br />ISTS as to compliance with city require <br />ments and potential for existing or future <br />problems. Notice of a noncompliant or <br />failing ISTS shall include orders for main <br />tenance, repairs or replacement, the pro <br />cedures for obtainiag all required per- <br />CD58:14
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