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program administrator, a certified plan reviewer, and a certified project inspector. Such positions <br />• may be filled by the same person. <br />(e) The program authority shall take appropriate enforcement actions to achieve compliance with <br />this chapter, and shall maintain a record of enforcement actions for all active land disturbing <br />activities and land developments. <br />(f) The program authority is authorized to cooperate with any federal or state agency in <br />connection with plans for erosion and sediment control or stormwater management. The program <br />authority may also recommend to the city manager any proposed agreement with such agency for <br />such purposes, which agreement shall be executed, if at all, by the city manager on behalf of the <br />city. <br />Sec. 10-7 Saving provision. <br />The adoption of this chapter shall not abate any pending action, liability, or penalty of any person <br />accruing or about to accrue, nor waive any right of the city under any provision in effect prior to <br />the date of adoption of this chapter, unless expressly provided for in this chapter. Any erosion and <br />sediment control plan, runoff control permit and, to the extent they pertain to stormwater <br />management, any final site plan or plat, approved prior to the date of adoption of this chapter <br />shall remain in full force and effect, and all rights and remedies of the city in enforcing such <br />plans, permits and plats are hereby preserved. <br />Sec. 10-8. Appeals from decisions under this chapter. <br />• (a) Any person who is aggrieved by a decision of the program authority pursuant to this chapter <br />shall have the right of review of such action by the city council. Any such appeal shall be filed in <br />writing with the clerk of the city council within ten (10) days of the date of such decision. <br />(b) An appeal received by the city council pursuant to this section shall be referred to the <br />planning commission for review and findings of fact. The planning commission shall review the <br />appeal at its next regular meeting following the date the notice of appeal is received by the clerk <br />of council, and shall report its findings to city council. The city council shall review the appeal <br />within thirty (30) days after the date of the planning commission meeting. <br />(c) The city council shall consider evidence presented by the owner, the program authority, and <br />any other aggrieved person. The council shall render its decision in writing and may affirm, <br />reverse or modify the program authority's decision. The council's decision shall constitute the <br />final decision of the city on the matter(s) which are the subject of the appeal. <br />(d) Any person aggrieved by a final decision of the city council pursuant to this section shall have <br />the right of review of such decision by the circuit court of the city. Any such appeal shall be filed <br />in writing with the circuit court within thirty (30) days of the council's final decision. <br />(e) For the purposes of this section, "aggrieved person" is limited to the owner, a permittee, <br />owners of adjacent and downstream property and any interested governmental agency or officer <br />thereof.' <br />' Note to readers: This definition of "aggrieved person" is exactly the same as that currently set forth <br />• within § 10-2(c) of Chapter l0—a provision that dates back as far as the City Code of 1976 (§9-13). An <br />identical provision appears in Albemarle County's Water Protection Ordinance, see § 17-210(C) of the <br />-7- <br />
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