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<br /> §8 APPENDIX F-DRAINAGE. EROSION CONTROL §9 <br /> (C) Duly authorized inspectors of the city may lawfully enter <br /> onto the land or premises where property owners are re- <br /> quired to maintain drainage facilities, at reasonable times, <br /> for the purpose of inspection of the maintenance required. <br /> The City of San Marcos city engineer, or his designated <br /> representative, shall inspect the premises of each such <br /> facility approved pursuant to this chapter at least once per <br /> year. Where noncompliance is found, the city shall request <br /> 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 <br /> not accomplished, the city may bring an action in a court <br /> of competent jurisdiction to require the property owner to <br /> accomplish the necessary maintenance. <br /> (Ord. No. 1984-72, § 12,6-13-84; Ord. No. 1984-77, § 2,7-25-84) <br /> Section 9. Variances. <br /> (a) The city council may grant a variance from the terms of <br /> this chapter only if an applicant requests in writing and the <br /> council finds that, because of special circumstances applicable to <br /> the property involved, a strict application deprives such property <br /> of privileges or safety enjoyed by other similarly situated prop- <br /> erty with similarly timed development. Where such conqitions <br /> are found, the variance permitted shall be the minimum depar- <br /> ture from the terms of this chapter necessary to avoid such depri- <br /> vation of privileges enjoyed by such other property and to facili- <br /> tate a reasonable use, and which will not create significant <br /> probabilities of harmful environmental consequences. The coun- <br /> cil may not grant a variance if it would provide the applicant <br /> with any special privileges not enjoyed by other similarly situ- <br /> ated property with similarly timed development, or if based on a <br /> special or unique condition which was created as a result of the <br /> method by which a person voluntarily subdivides land after the <br /> effective date of this ordinance. <br /> (b) The city council shall prepare written findings of fact justi- <br /> fying its grant or denial of a variance under this section. <br /> (Ord. No. 1984-77, § 2,7-25-84) <br /> Supp. No. 19 1223 <br />