The Property Maintenance Officer shall have the power to withhold strict enforcement of the requirements of this Code upon written application therefor by an owner, occupant or operator, after making a determination that:
(a) Any variation or modification of 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 or safety or the 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 the health, safety or welfare that might be derived therefrom.
(b) The owner or operator is without any practical or feasible means to comply with the strict provisions of this Code.
(c) The strict enforcement of the provisions of this Code would require the installation of repairs and improvements estimated to exceed five hundred dollars ($500.00) in cost, and the premises subject to the 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 reasonable likelihood that such premises will be acquired and razed or moved within a period of two years, and provided, however, that any waiver of the provisions of this Code shall be canceled and the Property Maintenance Officer shall strictly enforce this Code if it shall be ascertained, subsequent to the granting of the waiver, that the premises are, in fact, not to be acquired for any public use or purpose.
(Ord. 1982-257. Passed 12-21-82.)