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SECTION 9. Qualification.
<br />Section 9.1. Licensed Contractors. No Person shall engage in the business of performing for others the service of soil and percolation
<br />testing and site evaluation, or the installing, alteration, renovating, repairing, maintenance, or pumping and cleaning of an ISTS within
<br />the City of Gem Lake unless such Person shall have the requisite training and experience to perform such work in a competent, safe and
<br />reliable manner, including but not limited to, an NIPCA license to perform such work. If the Administrator determines that any Person
<br />designated to perform permit activities in an Application filed pursuant to Section 4.3. of this Ordinance does not have the requisite
<br />qualifications to perform such work, the Administrator shall deny the application, subject to the right of the Applicant to appeal such
<br />finding pursuant to Section 10.3. Section 9.2. Revocation Of Contractors Right To Perform Work. The City of Gem Lake Council
<br />shall have the right at any time to revoke for cause the right of any Person to perform work for others with respect to an ISTS, whether
<br />or not an Application for such or similar work has been previously approved by the Administrator or the City Council. Cause for
<br />revocation shall include, but not be limited to, any practice or installation which is in violation of any provision of this Ordinance or of
<br />any permit issued pursuant hereto and refusal on the part of such Person to correct defective work on an ISTS installed or renovated by
<br />such Person in the City of Gem Lake. Before revocation, the City of Gem Lake Council shall notify such Person of the proposed action
<br />and the basis therefore and shall state that a hearing shall be held if requested by such Person within seven (7) days from receipt of such
<br />notice. Section 9.3. Contractors Records. Persons qualified to perform the services described in Section 9.1. shall maintain soil test
<br />data, system plans, and other records and information as may be required by the Administrator for the purpose of determining
<br />compliance with this Ordinance. Records relating to any system installation or renovation shall be retained for a period of three (3)
<br />years following completion of that activity and copies of the same shall be transmitted to the City of Gem Lake. Persons shall make
<br />available all such information, files, and records, and other information required to be maintained to the Administrator at any time on the
<br />transmission of a reasonable request relating thereto.
<br />SECTION 10. Administration And Appeal. Section 10.1. Administrator. The City Council shall appoint an Administrator to administer
<br />the provisions of this Ordinance. In addition to the duties set forth herein, the Administrator shall maintain adequate files and records relating
<br />to all permits issued, inspections made, work approved, and other official actions. Section 10.2. Powers. The Administrator shall have all
<br />powers necessary to administer and enforce the provisions of this Ordinance. In addition to the other powers set forth herein, and without
<br />limitation, the Administrator shall be empowered to do the following: Section 10.2.1. Prepare reports and recommendations regarding any
<br />additional sanitary measures which he deems necessary to effect the purpose of this Ordinance. Section 10.2.2. Obtain assistance and
<br />cooperation from agency and commission personnel and other state and local health, legal and police officials in the administration and
<br />enforcement of this Ordinance. Section 10.2.3. Cooperate with local and state personnel in the enforcement of this Ordinance and state
<br />regulations, rules and requirements relating to sewage treatment and disposal. Section 10.2.4. Upon approval of the City of Gem Lake
<br />Council, arrange for prosecution for violations of, or for other enforcement of, any and all rules, orders, permits, and other requirements
<br />established herein or issued pursuant to this Ordinance. Section 10.2.5. Appoint and authorize an agent to act on the Administrator's behalf.
<br />Section 10.3. Appeal. Any Person aggrieved by the issuance or denial of any permit, order, interpretation, or other official action made
<br />pursuant to the provisions of this Ordinance may appeal the same to the City of Gem Lake Council within thirty (30) days following the date
<br />of the issuance, denial, or order. On appeal, the City of Gem Lake Council shall conduct a public hearing at which all interested parties shall
<br />be given an opportunity to represent relevant information and to examine personnel of the City of Gem Lake or their agents in order to
<br />determine the basis for any action taken. Notice of said hearing, unless otherwise provided herein, shall be submitted to the affected Property
<br />Owner and other interested Persons at least fifteen (15) days in advance of said hearing. At the conclusion of said hearing, the City of Gem
<br />Lake Council shall, as appropriate, make a determination respecting the appeal and prepare written findings of fact and recommendations in
<br />respect thereto. Section 10.4. Variance. The City of Gem Lake Council, may grant variances from the strict application of the
<br />provisions of this Ordinance. In determining whether or not a variance should be granted, the City Council shall apply those
<br />standards set forth in Section 17.4.1 of Ordinance 43K of the City of Gem Lake as amended from time to time. In addition, any
<br />variance shall be consistent with this Ordinance and supported by the weight of the evidence."
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