1181.02 EXISTING USES.

   (a)   Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Planning Commission shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Commission concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.

   (b)   Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Commission may approve, partially approve, or disapprove the measures recommended therein and instruct the Building Inspector to proceed with the enforcement of such measures in accordance with the provisions of Chapter 1135.

   (c)   Cost of Investigation. The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein; provided, however, that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter by the Commission, or if contested by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Commission ruling or court judgment.
(Ord. 94-84. Passed 7-9-84.)