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Ordinance 2017-495
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Ordinance 2017-495
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Last modified
6/8/2017 2:57:30 PM
Creation date
4/5/2017 10:16:36 AM
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CityClerk-Ordinances
Ordinance Number
2017-495
Date (mm/dd/yyyy)
03/16/2017
Description
Amd Chap. 14, Require Good Cause for Extensions to Correct Code Violations
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warning notice of violation shall specify a reasonable time period (warning period), not to <br /> exceed 30 calendar days, within which the violator must correct the violation. This <br /> determination shall be based on consideration of fairness; practicality; ease of correction, <br /> ability to correct; severity of violation; nature, extent, and probability of danger or damage <br /> to the public; degree of nuisance to neighborhoods and neighborhood; and other relevant <br /> factors relating to the reasonableness of the time period prescribed. <br /> An extension of the deadline for voluntary correction, or a modification of any required <br /> corrective action,may be granted by the code enforcement officer or Department Directors <br /> if the property owner has. in the opinion of the code enforcement officer. shown good cause <br /> for the requested extension. For purposes of this section, "good cause" is defined as <br /> unforeseen circumstances beyond the reasonable control of property owner that include. <br /> but are not limited to. (i) delays by federal, state or local permitting agencies in issuing <br /> permits and/or other regulatory approvals in connection with an alleged code violation that <br /> were not within the reasonable control of the property owner. (ii) an "Act of God" such as <br /> earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme <br /> weather or environmental conditions, unanticipated geological or ground conditions, or <br /> other natural calamities and acts of God that cannot be, or be caused to be, prevented, <br /> avoided or removed by the property owner, or (iii) financial hardships beyond the control <br /> of the property owner. <br /> If the above good cause showing is made. the code enforcement officer or Department <br /> Director may. in their sole discretion. grant property owner an extension(s) of time not to <br /> exceed ninety (90) calendar days in total from the date of warning notice to correct the <br /> code violation. In the event the code violation is not corrected during this extended <br /> correction period, the code enforcement officer shall issue a civil violation notice to the <br /> property owner. Once a civil violation notice is issued. the property owner may apply for <br /> an extension of time for voluntary correction provided they (i) timely requested an <br /> administrative hearing before the Special Magistrate to appeal the decision of the code <br /> enforcement officer that resulted in the issuance of the civil violation notice and (ii) no <br /> more than ninety (90) calendar days total in extensions were previously granted to the <br /> property owner to correct the code violation since the initial warning notice. Under no <br /> circumstance shall the property owner be granted an extension of time more than ninety <br /> (90) calendar days in total to correct a code violation by the code enforcement officer or <br /> Department Director. The Special Magistrate may provide additional extensions of time <br /> upon the showing of good cause. Nothing in this section shall preclude a code enforcement <br /> officer or Department Director from dismissing a violation or citation for lack of sufficient <br /> evidence. Notwithstanding any other provisions in this section. the code enforcement <br /> officer or Department Director is not required to provide any extension(s) of time or <br /> provide extensions where the violation is deemed a life safety violation. <br /> Upon final order of a Special Magistrate. a property owner shall be required to correct the <br /> violation within a time period not to exceed twenty four (24) months from the date of the <br /> final order, unless unforeseen circumstances beyond the reasonable control of property <br /> 2 <br /> Words added underlined.words strieken deleted <br />
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