The Property Maintenance Officer shall have the power to withhold the strict enforcement of the requirements of this exterior property maintenance code upon written application therefor by an owner, occupant or operator, after making a determination that:
(A) Any variation or modification of a structure or use approved by the Property Maintenance Officer will not, in any material way, alter the standards of this code and cannot affect detrimentally the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and 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.
(B) The owner or operator is without practical or feasible means to comply with this code.
(C) The strict enforcement of this code would require the installation of repairs and improvements estimated to exceed $500 in cost, and the premises subject to this 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 such premises will be acquired and razed or moved within a period of two years. However, any waiver of any of the provisions of this code shall be cancelled and the Property Maintenance Officer shall strictly enforce this code cancelled if it is ascertained, subsequent to the granting of such waiver, that the premises are, in fact, not to be acquired for any public use or purpose.
(`82 Code, § 1426.13) (Ord. 85-30, passed 5-21-85)