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54E Commercial and Other Building Permits 1126.11 <br />(b) Each such owner, or owner's representative, shall certify in writing upon all site <br />development plans and building elevations submitted to either the Building Department or the <br />Engineering Department that such site development plans and building elevations incorporate <br />all requirements of the final development plans and building elevations incorporate all <br />requirements of the final development plan approved by City Council. Any deviations from <br />the said final development plan approved by City Council must be prominently noted on the <br />submitted site development plan and building elevation. Acceptance by either the Building <br />Department or the Engineering Department of a site development plan or building elevation <br />that does not incorporate all of the requirements of the final development plan approved by <br />City Council, or that contains deviations from the said final development plan, shall not <br />constitute a waiver by the City of any of the requirements of the final development plans <br />approved by City Council. An owner or owner's representative who falsely certifies or fails to <br />note deviations on a site development plan or building elevation as required by this paragraph <br />shall be subject to all of the actions by the City authorized by Chapter 1121 and to the criminal <br />penalties provided for in Section 1121.99(b). <br />(c) It shall be a defense to any such action brought by the City, whether criminal or <br />civil in nature, that the Building Official expressly authorized a minor deviation from an <br />owner's approved plans as a result of a field inspection of the property conducted by the <br />Building Official. <br />(d) For purposes of subsections (a) and (b) hereof, "final development plan" means <br />the finally approved building, sign and site plans for the property, the landscaping and lighting <br />plans for the property, and all statements concerning the use and/or development of the <br />property appearing affirmatively on the face of the record of the proceedings of the owner's <br />application for a building permit which were expressly made a condition of the Planning and <br />Design Commission's and City Council's approval pursuant to the provisions of Section <br />1126.08 and/or 1126.09 of this chapter. <br />(Ord. 2007-20. Passed 5-1-07.) <br />December 2016 Replacement <br />