(A) The Director is the City Official designated to exercise all powers set forth in this Chapter, unless otherwise specified. The Director is empowered to issue findings, orders, determinations, and decisions regarding applicability of this Chapter, and any Rules promulgated thereunder, as the Director determines to be appropriate, subject to appeal under C.O.L. § 872.11.
(B) The Director is authorized to adopt rules as necessary to carry out the provisions of this Chapter and which are not in conflict with any provision of this Chapter. Such rules shall be adopted only upon public notice and opportunity to comment, through the City of Lima website, of at least 14 calendar days prior to a rule (including an amended rule) becoming effective.
(1) The Director may issue an emergency rule that takes effect immediately or otherwise prior to the 14 days' notice provision herein, if the Director determines it is necessary to do so to enforce this Chapter consistent with the provisions herein. An emergency rule shall be properly adopted under this subsection (B) within 14 days of its issuance or it shall automatically become null and void.
(2) The rules shall be kept on file in the Department; the office of the Council Clerk; and the Law Department.
(C) All findings, orders, determinations, and decisions of the Director regarding an Owner's obligations under this Chapter shall be in writing and mailed to the Owner at the address listed by the Owner on the Registration Form, with a Certificate of Mailing. All such findings, decisions, determinations or orders are subject to appeal under C.O.L. § 872.11. All such findings, orders, determinations, and decisions shall include a statement of explanation of the Owner's appeal rights under C.O.L. § 872.11.
(D) In the event of any conflict or inconsistency, unless otherwise specified in this Chapter 872, the provisions of this Chapter shall supersede the provisions of C.O.L. Chapter 802.
(E) If any section, subsection, paragraph, sentence, clause or phrase of this Chapter shall be declared invalid for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this Chapter which shall continue in full force and effect, and to this end the provisions of this Chapter are hereby declared to be severable.
(Ord. 250-23. Passed 1-2-24.)