Ord #038-3rd Ser/Amending code re: on-site sewage systems

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SECTION 2. Municipal Zoning Code Title V, Chapter 58, Article II, Division 2, Sections 58-71 through 58-76 are hereby amended as follows: ARTICLE II. ON-SITE SEWAGE DISPOSAL* DIVISION 2. ADMI1vISTRATION* * Cross References: Administration, ch. 2. Sec.58-71.Administrating officer. The provisions of this article shall be administered by the building and zoning department and the onsite svstems manager ' , who shall coordinate all permit applications and inspection services.The on-site systems manager or building official shall review and evaluate technical matters including ISTS design and installation as provided in this division. (Code 1984, § 12.30(8)(A); Ord.No. 100 2nd series, § 4, 2-10-1992; Ord.No. 199 2nd series, § 1(12.30(8)(A)), s-s-2000> Sec.5&72.Enforcement; violation. (a) Enforcement. It shall be the duty of the onsite systems mana�er�d��a�to enforce the provisions of this article and to bring to the attention of the prosecuting attorney any violations or lack of compliance with this article. (b) Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this article to prevent unlawful construction,to recover damages,to restrain,correct or abate a violation,to prevent illegal occupancy of a building, or to prevent continued use of a noncompliant ISTS. (c) Criminal enforcement. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor,punishable by imprisonment or a fine or both as defined by law. In the event of a violation of this chapter,in addition to the other remedies, the city may institute appropriate actions or proceedings to prevent,restrain, correct or abate such violations. (Code 1984, § 12.30(9); Ord.No. 100 2nd series, §4,2-10-1992; Ord.No. 199 2nd series, § 1(12.30(9)), 5-8-2000; Ord.No. 27 3rd series, § 1, 7-25-2005) Sec.58-73.Variances. The on-site systems manager may grant variances to the provisions of this article due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this article or other applicable law. Variance applications shall be reviewed by the on-site systems manager upon written request of the owner or the owner's agent. (1) Variance applications must include complete soil testing and ISTS design in accordance with this article,including the identification of any site limitations leading to the variance request. Page 14 of 18