(A) When any person, by reason of special circumstances, is of the opinion that any provision of this chapter is unjust or inequitable as applied to his/her premises, he/she may make written application to the Board, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his/her premises.
(B) Action to approve such request may be subject to such conditions as the Board deems appropriate, including a condition that a real property owner who requests relief under this section shall enter into and execute an agreement incorporating such conditions, in a form acceptable to District Legal Counsel, to include, without limitation, a provision to indemnify, defend and hold harmless the District, its Board, employees and agents, from any claims, actions, damages or losses resulting in any manner from such waiver, suspension or modification, which agreement shall be recorded and shall be binding upon the property owner’s successors and assigns.
(C) The Board at its discretion may, but only to the extent compatible with state and federal laws, rules and regulations pertaining to wastewater facilities, constructed in part with grant funds, by resolution, waive, suspend, or modify any requirement or provision of this chapter.
(Ord. 2024-02, passed 9-26-2024)