A. Non-Compliant Properties. The director of community development shall determine whether each of the trucking yards on the list of existing legally nonconforming trucking yards, as revised on the effective date of this chapter (as listed in Exhibit “A” on file in the community development department) is in compliance with this chapter. For each trucking yard that is not in compliance, the director shall prepare a compliance plan to advise the property owner how to bring the trucking yard into compliance.
1. Notice. The compliance plan shall be mailed to the property owner and tenants by certified mail return receipt requested, and posted on the property in a conspicuous manner.
2. Compliance Plan. The property owner shall be responsible for compliance with the plan even in cases where the property is leased to one or more tenants. The property owner shall within one hundred eighty days of the date of mailing or posting, whichever is later, bring the subject property into compliance with this chapter as described in the compliance plan.
3. Alternative Compliance Plan. Any property owner may, within sixty days of the date of mailing or posting, whichever is later, propose an alternative compliance plan by submitting detailed site or building plans as necessary, and if required, prepared by a state licensed architect or engineer. The director may approve an alternative compliance plan if comparable or better compliance is verified to the satisfaction of the director. Upon approval of an alternative compliance plan by the director the alternative compliance plan shall be prepared and mailed to the property owner as provided in subsection 1. above.
4. Time Frame for Compliance. Regardless of whether the alternative compliance plan is approved or disapproved by the director, the property owner shall bring the property into compliance by taking the action provided for in the compliance plan or the approved alternative compliance plan, no later than one hundred eighty days from the date of the original mailing or posting, unless additional time is granted by the director. Any request for additional time shall be made in writing, shall include agreement to comply with the requirements of this chapter, shall provide justification for the request, shall state an estimated completion date and shall be signed by the property owner(s).
B. Correction and Maintenance. Completion of corrective action of items on the compliance plans shall be determined annually by the director following annual inspections. Property owners and tenants of trucking yards who are notified in writing that compliance corrections are complete and are in compliance with the provisions of this chapter shall be responsible for maintaining the property in accordance with this chapter. If, subsequent to such notification of compliance, the director determines that any trucking yard has become damaged, deteriorated, not repaired, improperly operated and maintained, or that the intensity of the operations has significantly increased, or has otherwise become non-compliant with this chapter, the director may create a new compliance plan in accordance with Section 20.23.040, which shall require the property owner to complete repairs and/or maintenance of damaged or deteriorated items.
C. Existing nonconforming trucking yards as inventoried and on file in the community development department may continue as provided in Chapter 20.82, subject to compliance with Sections 20.23.030 and 20.23.040 of this chapter. This chapter shall govern in the event of any conflict between its provisions and the provisions of Chapter 20.82.
(Ord. 2013-07-1457 § 1 (part))