(a) Rules and Regulations. The Property Maintenance Officer is hereby authorized to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter. The Property Maintenance Officer shall file copies of such rules and regulations with the Clerk of Council, the City Engineer, the Fire Chief, the Planning, Zoning and Building Codes and the Legislation Committee of Council and the Board of Building and Zoning Appeals, and shall make available in the Property Maintenance Officer's office a copy for inspection by members of the public during regular business hours. (Ord. 1974-132. Passed 12-19-74; Ord. 2020-149. Passed 2-18-21.)
(b) Variances. The Board of Building and Zoning Appeals shall have the power to withhold or extend strict enforcement of the requirements of this Code upon written application therefor by an owner, operator or occupant and after a public hearing, provided that the Board determines that the conditions specified in subparagraph (1) or (2) hereof exist.
(1) Any variation or modification of a structure or use approved by the Property Maintenance Officer shall not in any material way alter the standards of this Code and cannot affect detrimentally the health, safety or welfare of occupants or owners or of adjacent premises or of the immediate neighborhood and strict enforcement of the provisions of this Code 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 of health, safety or welfare that might be derived therefrom. (Ord. 1986-41. Passed 6-5-86; Ord. 2020-149. Passed 2-18-21.)
(2) 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 the premises will be acquired and razed or moved within a period of two years. However, any waiver of the provisions of this Code shall be cancelled and the Property Maintenance Officer shall strictly enforce this 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.
(3) Notice of the time and place of the meeting of the Board, after an application has been filed under the provisions of this section, shall be sent to all property owners within a 500-foot radius of the property for which the application is made. Notice shall be sent by the Clerk of Commissions by regular mail.
(4) Where variations or modifications are approved in any section of this Code or by the action of the Board of Building and Zoning Appeals or of any court of record, 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 Property Maintenance 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 Property Maintenance 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 City Engineer and the Director of Law the procedure and operation of this Code, and report to Council on or before September 15:
(1) Any recommended amendment, addition or modification of the provisions of this Code consonant with the field experience of the personnel charged with enforcement;
(2) A summary of the time sequence enforcement experience indicating the number of violations abated, the number of cases processed in the Municipal Court, the 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 this Code and the procedure and operations hereunder can be improved.
(Ord. 1974-132. Passed 12-19-74; Ord. 2020-149. Passed 2-18-21.)