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<br />. <br /> <br />. <br /> <br />. <br /> <br />r <br /> <br />. Definitions related to this Chapter are contained in Volume 3. <br />Anpendix C of the Local Water Manaqement Plan. <br /> <br />49A.05 Responsibility. <br /> <br />Neither the issuance of a pe:r~it nor compliance with the <br />conditions thereof, nor the provl.sl.ons of the Chapter, shall <br />relieve any person from any responsibility otherwise imposed by law <br />for damages to persons or property; nor shall the issuance of any <br />permit hereunder serve to impose any liability on the municipality <br />or its officers or employees for injury or damage to person or <br />property. A permit issued pursuant to this Chapter shall not <br />relieve the permittee of the responsibility of complying with any <br />other requirements established by law, regulation or ordinance. <br /> <br />49A.06 Penalty. <br /> <br />Any person who violates the provision of this Chapter shall be <br />guilty of a misdemeanor. Each day during which said violation <br />exists is a separate offense. Any violation of this Chapter is a <br />public nuisance and may be enjoined by civil action. Costs of any <br />civil enforcement shall be assessed against the party so enjoined. <br />Any person who, in violation of this Chapter, alters, changes, or <br />modifies any surface water drainage facilities shall restore such <br />facilities to their original condition within the time limit set by <br />the Council. <br /> <br />49A.07 Severability. <br /> <br />If any part of the Chapter is held to be unconstitutional or <br />otherwise illegal, the remainder of this Chapter shall be deemed <br />and held to be valid and remain in force and effect as if such <br />portion had not been included herein. If this Chapter of any <br />provision herein is held to be applicable to any person, property, <br />or work, such holding shall not effect the applicability hereof to <br />any other person's property or work. <br /> <br />49A.08 Variance and Appeals. <br /> <br />Subdivision 1. processinq of Application. Any application <br />for variances or appeals shall be processed according to the <br />procedures specified in Chapter 40 of the Municipal Code. <br /> <br />Subdivision <br />variance may be <br />prohibited in the <br />or which would: <br /> <br />2. Restrictions on Grantinq Variances. No <br />granted which would allow any use that is <br />zoning district in which the property is located <br /> <br />(a) Result in incompatible land uses or which would be <br />detrimental to the protection of surface and ground water <br />supplies. <br /> <br />(b) Increase the financial burdens imposed on the community <br />through increasing floods and overflow of water onto land <br />areas within this city or onto land areas adjacent to <br />Rice Creek. <br /> <br />(c) Be not in keeping with land use plans and planning <br />objectives for the city or which would increase or cause <br /> <br />3 <br />