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1801.080. VARIANCES. Variances may be granted by the City Council <br />in extraordinary cases, but only when the proposed use is in the public <br />interest. Variances shall not be granted when the result would tend to: <br />1. Restrict the passage of storm and flood water in such a <br />manner as to increase the height or area of flooding; <br />2. Be detrimental to the surface and ground water supplies; <br />3. Be dangerous to life or property; <br />4. Be contrary to land use plans and planning objectives <br />of the City; <br />5. Be inconsistent with the objectives of encouraging land <br />uses compatible with the preservation of natural land <br />forms, vegetation and marshes and wetlands within the <br />City. <br />In no case shall a variance be allowed until the applicant has <br />submitted a development plan as required in Section 1801.030. The City <br />Council may, before granting a variance, attach such conditions as it <br />deems necessary to insure compliance with the policy of intent of this <br />Ordinance. <br />1801.090. ARTIFICIAL OBSTRUCTIONS - REMOVAL. If, after an inspection <br />is made by the City, an artificial obstruction is found within the wetland <br />conservation area, a notice shall be sent to the land owner requesting <br />removal of such obstruction. If the owner shall fail to remove such obstruction <br />within a reasonable time, or if the owner cannot be located, the City shall <br />have the power to cause removal of such obstruction and any cost to the City <br />resulting therefrom shall be borne by the land owner. A special assessment <br />may be levied against such land in the same manner as prescribed by law for <br />the levy of special assessments for municipal improvements, not withstanding <br />the provisions of section 1801.070 herein. <br />1801.110. SEPARABILITY. Every section or part of this Ordinance is <br />declared to be separable from every other section or part and if any section <br />or part shall be held invalid it shall not effect any other section or part. <br />1801.111. PENALTIES. Any violation of this Ordinance shall be a <br />misdemeanor and a conviction therefore shall be punishable by fine or <br />imprisonment, or both, as prescribed by law. The imposition of a criminal <br />penalty following conviction shall not in any way constitute a waiver by the <br />City of its right to remove obstructions or to seek any other civil remedy. <br />-3- <br />