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AN ORDINANCE TO PROVIDE FOR NOTICE AND DISCLAIMER TO
OWNERS PROPOSING TO CONSTRUCT BUILDINGS ON LOTS WHERE
THE TOPOGRAPHIC CONDITIONS ARE SUCH AS WOULD OR MIGHT
RESULT IN FLOODING OF PREMISES AND/OR STRUCTURES DUE TO
RISING WATERS, FAILURE OF DRAINAGE STRUCRJRES OR
FAILURE OR MALFUNCTION OF SANITARY SEWER FACILITIES
AND PROVIDING FOR APPEAL OF BUILDING OFFICIALS ACTION:
BE IT ORDAINED BY THE CITY GaMIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. Where an application is submitted for a permit
to build upon a lot which, in the opinion of the Building
Official, is subject to topographic conditions or
elevation which would or might result in flooding of the
pren5es and/or structures due to rising waters, failure
of drainage structures or failure or malfunction of f
sanitary sewer facilities, the Building Official is hereby
empowered and directed to provide a Notice and Disclaimer
of the inherent risk to the owner as a special condition
of the Building Permit. Such owner shall acknowledge the
receipt of such Notice and Disclaimer by his signature as
a condition precedent to issuance of the permit and the
Building Official shall not issue the permit without such
acknowledgement.
Section 2. Where error is alleged in the Building
Official's action in withholding issuance of a permit
for any reason, the Owner may appeal the matter to the
City Council by setting forth his argument in writing and
submitting same to the City Clerk not later than noon on
the Friday preceding next regular Council meeting.
I Section 3. This ordinance shall be codified as Section
7-14 of the Code of Ordinances of the City of Fairhope,
Alabama.
Section 4. This ordinance shall be effective upon its due
adoption and publication as provided by law.
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ADOPTED THIS THE X/ ^ DAY OF FEBRUARY 1995.
ATTEST: James Nix, Mayor
Evelyn P 0
Phillips, City erk