A. If a claim of undue economic hardship is made under this section, the building official shall notify the commission within seven (7) days after the claim is filed. The commission shall schedule a hearing on the claim at its next regular meeting after receipt of the claim but no sooner than three (3) days after receipt of the claim.
B. The owner shall present the information to the commission as provided under subsection C of this section. The commission may require that the owner furnish such additional information relevant to its determination of undue economic hardship and may direct staff to furnish additional relevant information. The commission shall also state which form of financial proof it deems relevant and necessary in each particular case. In the event that any required information is not reasonably available to or obtainable by the owner, the owner shall state the reasons why such information is not available or obtainable.
C. If a claim of undue economic hardship is made under this section, the owner shall pay the fee established in the fee schedule and provide evidence during the hearing on the claim, describing the circumstances of hardship. Private information may be submitted by affidavit and considered protected for purposes of government records access and management act, title 63G, Utah Code Annotated, as amended. The minimum evidence for any property shall include, if applicable:
1. Form of ownership, i.e., individual, business, or nonprofit or legal possession, custody, or control;
2. Financial resources of the owner or other party in interest;
3. Cost estimates of repairs and engineering feasibility of rehabilitation;
4. Assessed value of the land and improvements;
5. Property tax information for the previous two (2) years;
6. Purchase date, price, and financing arrangements, names of buyer and seller, or other means of acquisition of title, such as by gift or inheritance;
7. Annual debt service, if any, for previous two (2) years;
8. Any listing of the property for sale or rent, price asked, and offers received, if any;
9. For income producing property, rental rates and annual gross income from the property for the previous two (2) years; and
10. Itemized operating and maintenance expenses for the previous two (2) years, including proof that adequate and competent management procedures were followed.
D. Within a reasonable time of the commission's hearing on the claim, the commission shall cause to be made a written finding of undue or no undue economic hardship.
E. If there is a finding of no undue economic hardship, the commission shall report such finding to the building official and the owner, and the building official shall cause an order to be issued immediately to the owner for such property to be repaired within the time specified.
F. If there is a finding of undue economic hardship, the commission may include a recommended plan, in conjunction with the building official, to relieve the undue economic hardship which may include, but is not limited to, loans or grants from the city or other public, private or nonprofit sources, acquisition by purchase or eminent domain, court ordered receivership, alternate methods of construction, changes in applicable zoning regulations, incentive programs, or temporary closure of the structure through a mothball program. The commission shall report such findings and plan to the building official. The building official immediately shall issue a written order for such property to be repaired in accordance with the commission's recommended plan, to eliminate the condition of demolition by neglect within the time specified by the commission.
(Ord. 2013-17, 4-2-2013)