(a) Adoption of Rules and Regulations by Building Commissioner. The Building Commissioner is hereby authorized to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this Chapter, provided that such rules and regulations do not conflict with this Chapter and conform to the general standards prescribed by this Chapter. The Building Commissioner shall file copies of such rules and regulations with the Clerk of Council, the City Engineer, the Fire Chief, the Planning, Zoning, Building Codes and Legislation Committee of Council and the Board of Building Code Appeals and shall make available in the Building Commissioner's office a copy for inspection by members of the public during regular business hours.
(b) Power to Vary or Modify Provisions of this Code. The Board of Building Code Appeals shall have the power to withhold or extend strict enforcement of the requirements of this Real Property Maintenance Code upon written application therefor by an owner, operator or occupant, and after a public hearing, provided that the Board of Building Code Appeals determines that the following conditions exist:
(1) Health or safety hazard. Any variation or modification of a structure or use approved by the Building Commissioner will not in any material way alter the standards of this Code and cannot affect detrimentally the health or safety of occupants or the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood.
A. Strict enforcement would constitute an undue and unnecessary hardship on the owner or operator because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.
B. The strict enforcement of the provisions of this Code would require the installation or repair and improvements estimated to exceed one thousand dollars ($1,000.00) in cost.
(2) Acquisition of premises by public agency. The premises subject to this Code are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain and there is a reasonable likelihood that the premises will be acquired and razed or moved within a period of two years (2 yrs.), provided, however, that any waiver of the provisions of this Code shall be canceled and the Building Commissioner shall strictly enforce this Code if it is ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.
(3) Notice. Notice of the time and place of the meeting of the Board of Building Code Appeals, after an application has been filed under the provisions of this Section, shall be sent to all property owners within a five hundred foot (500 ft.) radius of the property for which the application is made. Notice shall be sent by the Clerk of Commissions by regular mail.
(4) Record of variations or modifications granted. Where variations or modifications are approved in any Section of this Code by the action of the Board of Building Code Appeals or of any court of record, a written record thereof, stating the name of the applicant, the address of the premises, the variation or modification approved, the date of approval and the reasons therefor, satisfying the provisions contained herein, shall be prepared by the Building Commissioner and filed both under the Section or Sections of this Code to which the variation or modification applies and under the address of the premises, and such files shall be available for public inspection in the office of the Building Commissioner during regular business hours.
(c) Annual Review of Code Provisions and Operations. The Building Commissioner shall, in the month of May of each year, review with the Fire Chief, the City Engineer and the Director of Law the procedures and operations of this Real Property Maintenance Code and report to Council on or before September 15:
(1) Any recommended amendment, addition or modification of the provisions of this Code consonant with the field experience of the personnel charged with enforcement;
(2) A summary of the time sequence of enforcement experience, indicating the number of violations abated, the number of cases processed in the Municipal Court, the number of inspections made and such other and further pertinent information as will provide Council with an annual account of progress in securing the standards required by this Code; and
(3) Any further recommendation as to how the Code and the procedures and operations thereunder can be improved.
(Ord. 4421-75. Passed 2-16-76)