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such order and shall have the right to recover any of its response costs to the extent <br />that the order or any portion thereof is found to have been arbitrary or capricious or <br />not otherwise in accordance with law. After such consideration, depending upon the <br />finding as to whether the provisions of this Ordinance have been complied with, the <br />Health Officer shall continue such order in effect, modify it or revoke it. <br />h. ORDINANCE REVIEW. The Water Resources Advisory Board shall formally review <br />Section 17-47.1 of the South Bend Municipal Code as necessary but at least every four (4) <br />years. This review shall assess the performance of the Section as it fulfills its Statement of <br />Purpose and Intent. Additionally, the review shall identity new federal, state, and local laws <br />and regulations, new technologies, and new Best Management Practices that apply to the <br />Section. The results of the review along with any recommendations shall be submitted in <br />writing to the St. Joseph County Board of Health. <br />VARIANCES. The County Board of Health shall consider a petition for variances, <br />exemptions, and exceptions from provisions of this Ordinance, the Well Drilling and Water <br />Supply Systems Ordinance and the Source Water Supply Ordinance, after review by the <br />Water Resources Advisory Board, and in no case later than sixty (60) days after the petition <br />is filed. An adverse decision by the Health Board is a final order and is appealable. <br />PENALTIES. Any person found to be violating any provision of this Ordinance shall be <br />served by the Health Department with a written order stating the nature of the violation and <br />providing a time limit for satisfactory correction. <br />Any person who shall continue any violation of this Ordinance beyond the time limit <br />provided for above shall upon conviction be punished for each offense by a penalty of not <br />more than Five Hundred Dollars ($500.00); for the second offense by a penalty of not more <br />than One Thousand Dollars ($1,000.00) and for the third and each subsequent offense by a <br />penalty of not more than One Thousand Five Hundred Dollars ($1,500.00). Each day after <br />the expiration of the time limit for abating the violation shall constitute a distinct and <br />separate offense. <br />Any person violating any provisions of this Ordinance shall become liable to the Health <br />Department for any expense, loss, or damage occasioned it by reason of such violation. <br />k. SEVERABILITY. If any section or part of this Ordinance or Code be for any reason held <br />unconstitutional or invalid by a court of competent jurisdiction, that holding shall not affect <br />the validity of the remaining portions of the Ordinance or Code, but the remaining portions <br />shall be and remain in full force and effect. <br />1. DISCLAIMER OF LIABILITY. The Ordinance shall not create liability on the part of the <br />Health Department or any officer, employee or agent thereof for any damage which may <br />result from reliance on this Ordinance or on any administrative decision lawfully made <br />thereunder. <br />-17- <br />