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407.06: ENFORCEMENT: <br /> The City Council authorizes the Community Development Director(or designee) to administer and <br /> enforce this Chapter. The Community Development Director may institute, in the name of the City, any <br /> appropriate actions or proceedings against a violator as provided by law and in accordance with <br /> Community Development Department enforcement policy. (Ord. 1354, 10-22-2007) <br /> 407.10: PUBLIC NUISANCE VARIANCE DEVIATION: <br /> A. A variance deviation request pertaining to nuisances occurring on public or private property as <br /> addressed in Section 407.02.G.1.2 or 4 may be filed by a property owner or occupant with the following <br /> requirements: <br /> 1. Shall be submitted on forms supplied by the City; and <br /> 2. Shall include a specific description detailing the reason for the variance deviation request; and <br /> 3. Shall be delivered to the Community Development Director within the timeframe given in the <br /> notice provided pursuant to 407.07.A; and <br /> 4. Shall be accompanied by the fee set forth in Chapter 314.B; and <br /> 5. Submission of evidence, including written approval of the otherwise prohibited activity, by <br /> 75% of the adjacent property owners within 100 feet of the subject property or prohibited <br /> activity. <br /> B. Variance Deviation requests will be considered, approved or denied by the Community Development <br /> Director or his/her designee(s). The Community Development Director or his/her designee(s) shall <br /> notify the_applicant and all property owners, identified under 407.10.A.5, within five(5)business days <br /> the decision to approve or deny the request and the process available for appeal. <br /> C.Variance Deviation approvals may be granted with or without conditions, including but not limited to <br /> a time limited duration at the discretion of the City. Violations to any approved public nuisance variance <br /> deviation shall be grounds for immediate revocation of the variance approved deviation. Additional <br /> nuisance activity or violation to City Code may be grounds for the revocation of an approved variance <br /> deviation. <br /> 407.11: VARIANCE DEVIATION APPEAL: <br /> Variance Deviation denials or revocations may be appealed to City Council by the applicant. If an <br /> appeal is filed it must: <br /> 1. Be submitted on forms supplied by the City; and <br /> 2. Be delivered to the City Manager within 10 days of the denial or revocation. <br /> When an appeal is filed, a public meeting regarding the matter shall be held before the City Council, <br /> acting as the Board of Adjustments and Appeals, at a regular meeting held within thirty(30) calendar <br /> days of the receipt of the appeal. The Board of Adjustments and Appeals may consider any of the <br /> evidence that had previously been considered as part of the formal action that is the subject of the <br /> appeal. New or additional information from the appealing applicant(s)may be considered by the Board <br /> of Adjustments and Appeals at its sole discretion if that information serves to clarify information <br /> 6 <br /> Strikethrough depicts deleted language, underline depicts new language <br />