Ord 1985-079 - Laserfiche WebLink

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-12- 1. All drainage improvements, contaminant removal facilities, and detention basins located in public rights-of-way or publicly dedicated easements that have been accepted by the City for maintenance shall be maintained by the City. 2. All drainage improvements, contaminant removal facilities, detention basins located on private property and other publicly dedicated easements not accepted by the City for maintenance shall be maintained by the property owner. 3. Duly authorized inspectors of the City may lawfully enter onto the land or premlses where property owners are required to maintain facilities, as required by this ordinance, at reasonable times, for the purpose of inspection of the maintenance required. The Director, or his designated representative, shall inspect the premises of each such facility approved pursuant to this ordinance at least once per year. Where noncompliance is found, the City shall request in writing that the property owner comply. This notice shall describe the measures required to be taken. If, within thirty (30) days of the notice, the maintenance required is not accomplished, the City may bring action in a court of competent jurisdiction to require the property owner to accomplish necessary maintenance. "Necessary maintenance" is that maintenance needed to bring the detention facility and/or improvement into compliance with this or other applicable ordinances, laws or regulations. Sec. 13. Variances. The Planning Commission may authorize a variance from this ordinance when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the commission shall prescribe conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and the probable effect of such variance upon the San Marcos River, and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the commission finds: 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; and 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and