06-12-2002 Council Agenda - Laserfiche WebLink

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other of the applicant's sites within the city's jurisdiction. C.) Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right -of -entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control, D.) All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in Section 7. E.) If there is an insufficient financial amount, in the applicant's financial securities as described in Section 7, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of assessment. Section 9.0 Variance. In any case where, upon application of the responsible person or persons, the city finds that by reason of exceptional circumstances, strict conformity with this ordinance would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in haiiuony with the general purposes of this ordinance. The public shall be a given the opportunity for comment. 9.1) Variance Request. The variance request must be in writing in a form acceptable to the city. 9.2) Variance Public Notice. The variance request shall be public noticed in the normal manner used for city council meeting items, to allow the public an opportunity for comment. 9.3) Variance Determination. After the public has been given the right to comment, the variance shall either be approved or disapproved by a vote of the city council. 9.4) Variance Response. The variance response must be in writing, and include the justification for either granting or denying the requested variance. A favorable response shall also include any special conditions imposed by the city. 9.5) Time Limit. The variance shall become void not more than one (1) year after being granted, unless used. 9.6) Revocation. If any of the variance's conditions are violated, the city may revoke the variance.