The Property Maintenance Officer shall have the power to withhold strict enforcement of the requirements of this Chapter upon written application therefor by an owner, operator or occupant, after making determination that:
(a) Any variation or modification of structure or use approved by the Officer will not in any material way alter the standards of this Chapter and cannot affect detrimentally the health or safety of occupants, or the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood;
(b) 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;
(c) The owner or operator is without any practical or feasible means to comply with the strict provisions of this Chapter;
(d) The premises subject to this Chapter 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. Any waiver of the provisions of this Chapter shall be canceled and the Officer shall strictly enforce the Chapter 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.
(1) Right to hearing. Upon denial of any such application, the owner, operator or applicant may request a hearing.
(2) Application not to constitute a defense or stay. Such application shall not constitute a defense of any violation of this Chapter concerning any proceedings which are pending in a court where the application is filed, nor shall any variance or modification allowed hereunder constitute a vested right against any ordinance enacted hereinafter by the City Council compelling strict enforcement of any provisions of this Chapter.
(3) Record of variations or modifications granted. Where variations or modifications are approved by any section of this Chapter, by the Property Maintenance Officer, by action of the City Council or by any court, 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 Officer and filed both under the section or sections of this Chapter 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 Officer during regular business hours. (Ord. 2003-60. Passed 10- 23-03.)