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~. ~ D1~ u cr- U"'o N ~. ~ "",II Q::e; <. t;:i:s 0::,= ~..M U)'S ~ _b QD 56. ORDINANCE 1999-,.M AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING VARIOUS PROVISIONS IN CHAPTER 94, ARTICLE 4 OF THE CITY CODE TO UPDATE AND CLARIFY THE SAN MARCOS RIVER CORRIDOR ORDINANCE; PROVIDING FOR PENAL TIES; AND INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The Planning and Zoning Commission has recommended that several minor revisions be made to Chapter 94, Article 4 of the City Code to update and clarify the San Marcos River Corridor ordinance. This recommendation was accompanied by a request that the ad hoc Development Ordinance Review Task Force study other broader policy issues involved in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The following definition in Section 94.136 of the City Code is amended as follows (underlining indicates added language and oversttikc indicates deleted language): Director means the director of planning and development services cnvnonn1Gnt and cllgInCCnng. SECTION 2. Section 94.l56(b) of the City Code is amended as follows (underlining indicates added language and o'\ierstrikG indicates deleted language): (b) The director of en v ir Ollmcnt and engineering will interpret the boundaries ofthe San Marcos River Corridor from topographic, hydrologic and biological data based on the boundaries described in subsection (a) of this' section. SECTION 3. Section 94. 1 57(a) of the City Code is amended as follows (underlining indicates added language and ovcrsttike indicates deleted language): (a) Where the city manager director determines noncompliance with any material term, condition or requirement pursuant to this article, the city manager he shall order the person in noncompliance, in writing, to cease and desist from further development or construction, until the person is in compliance. The person may appeal an order to cease and desist by filing a written notice of appeal with the city manager within three working days of the date of the order to the dirGGtor b, giving t'iiIitten notiGc. The city manager dirGctor shall hear the appeal within five working days of receiving notice. A negative ruling by the city manager directvr may be appealed by the person to the cjty council by the filing of a written notice with the city secretary within five days of the ruling bv the city manager. ; vv hich t'ii ill The city council will hear the appeal at its next regular meeting following at least five days after receipt of the notice. From the issuance of a cease and desist order through the conclusion of the apj>eal process. it is unlawful for a property owner or developer to perform or allow any further development or construction to occur on the property. The city manager may allow or require the placement of temporary erosion control or other water quality protection measures by the owner or developer during the appeal period. SECTION 4. Section 94.158 ofthe City Code is amended as follows (underlining indicates added language and oversttike indicates deleted language): Sec. 94.158. Duties of Director. The director of cllviromncnt and cngillee.ring, in cooperation with the directors of other city departments public vvorks and planning and developmcnt SGr viccs, shall: (1 ) Design and administer a system, including the use of necessary forms, that coordinates the requirements ofthis article and other ordinances;