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<br />D. Where the Director of Public Works, or his designated <br />representative determines that there has been non-compliance with <br />any material term, condition or requirement of the site <br />development permit, the person obtaining such permit shall be <br />ordered in writing to cease and desist from further development <br />or construction, material to the alleged non-compliance, until <br />corrected by compliance. Said person may appeal an order to <br />cease and desist to the Director of Public Works by giving <br />written notice. The Director shall hear the appeal within five <br />(5) working days of receiving such notice. Said person may <br />appeal in writing a negative ruling by the Director to the City <br />Council, which shall hear the appeal at the next regular meeting <br />following receipt of the notice. <br /> <br />E. The City of San Marcos may bring suit in a court of competent <br />jurisdiction to restrain and enjoin any person who attempts to <br />carry out any plan for site development and construction without <br />first obtaining approval of said site development plan as <br />required by law and the ordinances of the City of San Marcos or <br />any person who fails to cease and desist from further development <br />or construction under section 3D. <br /> <br />Sec. 9. Drainage improvements maintenance criteria. <br /> <br />All development of land required to comply with the terms of this <br />chapter shall meet these requirements: <br /> <br />A. All drainage improvements located in the public rights-of-way <br />that have been accepted by the city shall be maintained by the <br />appropriate jurisdiction. <br /> <br />B. All drainage improvements located on private property and <br />publicly dedicated easements shall be maintained by the property <br />owner. <br /> <br />C. Duly authorized inspectors of the City may lawfully enter onto <br />the land or premises where property owners are required to <br />maintain drainage facilities, at reasonable times, for the <br />purpose of inspection of the maintenance required. The City of <br />San Marcos Public Works Department shall inspect the premises of <br />each such facility approved pursuant to this chapter at least <br />once per year. Where non-compliance is found, the City shall <br />request in writing that the property owner comply. This notice <br />shall describe the measures required to be taken. If, within <br />thirty (30) days of the notice, the maintenance required is not <br />accomplished, the City may bring an action in a court of <br />competent jurisdiction to require the property owner to <br />accomplish the necessary maintenance. <br /> <br />Sec. 10. Variances. <br /> <br />A. The City Council may grant a variance from the terms of this <br />chapter only if an applicant requests in writing and the Council <br />finds that, because of special circumstances applicable to the <br /> <br />10 <br />