1365.19 POWERS AND DUTIES OF PROPERTY MAINTENANCE OFFICERS.

   (a)    Promulgation of Rules and Regulations. The Property Maintenance Officer is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this Code, provided that such rules and regulations do not conflict with this Code and that they conform to the general standards prescribed by this Code. The Officer shall file copies of such rules and regulations with the Clerk of Council, the Municipal Engineer, the Fire Chief, the Public Building Committee of Council, and the Board of Zoning Appeals, and shall make available in the officer's office a copy for inspection by members of the public during regular business hours. Such rules and regulations shall have the approval of the Engineer and the Fire Chief respectively where the provisions thereof relate to matters which are also in the jurisdiction of any supervision of each officer. In case of conflict, the rule or regulation may be promulgated by direction of the Public Building Committee of Council. Such rules and regulations shall have the same force and effect as the provisions of this Code, and the violations thereof shall be enforced as violations of the express provisions of this Code as herein provided.

   (b)    Power to Vary or Modify Provisions. The Property Maintenance Officer shall have the power to withhold strict enforcement of the requirements of this Code upon written application therefor by an owner, operator or occupant, after making determination that:

      (1)    Any variation or modification of structure or use approved by the Officer 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 wet/fare of the occupants or owners-of adjacent premises or of the immediate neighborhood; and

      (2)    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;

      (3)    The owner or operator is without any practical or feasible means to comply with the strict provisions of this Code;

      (4)    The strict enforcement of the provisions of this Code would require the installation of repairs and improvements estimated to exceed five hundred dollars ($500.00) in cost; and

      (5)    The premises subject to the 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. Any waiver of the provisions of this Code shall be canceled and the Officer shall strictly enforce the 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.

         A.    Right to hearing. Upon denial of any such application, the owner, operator or applicant may request a hearing which shall be held in accordance with the provisions of Section 1365.17(c).

         B.    Application not to constitute a defense or stay. Such application shall not constitute a defense of any violation of this Code concerning any proceedings which are pending in the Municipal Court when the application is filed nor shall any variance or modification allowed hereunder constitute a vested right against any ordinance enacted hereinafter by Council compelling strict enforcement of any provisions of this Code.

          C.    Record of variations or modifications granted. Where variations or modifications are approved by any section of this Code, by the Property Maintenance Officer, by action of the Board of Zoning Appeals or by any court, 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 Officer 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. Such files shall be available for public inspection in the office of the Officer during regular business hours.

   (c)    Annual Review. The Property Maintenance Officer shall in the month of May of each year review with the Fire Chief, the Municipal Engineer and the Law Director the procedure and operation of this Code, and report to Council, on or before September 15:

      (1)    Any recommended amendment, addition or modification or provisions of this Code consonant with the field experience of the personnel charged with enforcement;

      (2)    A summary of the enforcement experience indicating number of violations abated, number of cases processed in the Municipal Court, 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 procedure and operations thereunder can be improved.

         (Ord. 1970-44. Passed 6-23-70.)