The procedures herein are intended to enforce the performance standards herein, to protect businesses from arbitrary enforcement, and to protect the public from unnecessary enforcement costs.
(a) New Uses. An application for a conditional use permit or a building permit for an industrial use within the I-1 Industrial District shall include a certification by a licensed engineer, licensed architect or scientific laboratory that the use involved in the application is able to meet all applicable performance standards to the extent that this can be judged based on the submitted building plans and other information available prior to construction.
This certification shall be accompanied by copies of all data or information supplied by the applicant and used as the basis of the certification. The Zoning Administrator may refer the certification and data to the Director of Public Service for review.
The Zoning Administrator may also require such certification for a land use in any other zoning district when in his or her judgment the use has potential to exceed any performance standard herein. Such certification may include all performance standards or only individual standards specified by the Zoning Administrator.
(b) Existing Uses. In enforcing performance standards on existing uses, the Zoning Administrator may issue a written notice of violation to an alleged violator.
The Zoning Administrator shall, before issuing such notice, make technical determinations of violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.
In other cases, however, technical complexity or extraordinary expense may make it unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Zoning Administrator has other reason to believe there is probable violation.
The Zoning Administrator shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation.
The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Zoning Administrator believes there is a violation. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator and within a time limit he or she shall specify in the notice.
The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a violation.
The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations shall be made. If a violation is found as a result of such determinations, the cost of the determinations shall be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City shall pay the cost of the determinations.
(Ord. 87-94. Passed 7-27-87.)