§ 118-205. Inventories and certificates of nonconformity.

(a)

Inventory of nonconformities. The city planner, may inventory nonconformities within the city and determine the names and addresses of the owners of record. For each such nonconformity inventoried, the city planner may determine the nature and extent of the nonconformity and the date, if applicable, on which such nonconformity is required to be terminated pursuant to the provisions of this article.

(b)

Duty to terminate nonconformity. Compilation of the inventory and giving notice pursuant to subsection (a) and subsection (c), respectively, shall not be deemed conditions precedent to the running of any amortization period specified in this article, nor shall the failure of the planning and zoning department or the city planner to carry out such tasks in any manner relieve the owner of a nonconformity of his duty to terminate such nonconformity in accordance with the provisions of this article.

(c)

Notice and statement of nonconformities; appeals. Upon the city's planner's determination of the existence of a nonconformity, the city planner shall notify the aforesaid owner of record in writing of the city planner's determination of the nature and extent of the nonconformity, and, if applicable, the date on which the nonconformity is to be terminated.

Any person receiving a notice of nonconformity pursuant to this subsection (c) may, within 60 days of the receipt of such notice, dispute any or all of the city's planner's determinations in writing and provide such information to the city planner, by way of example not limitation, to establish that the nonconformity exists lawfully, a nonconformity does not exist or that the termination provisions are inapplicable or were improperly determined.

Within 60 days of receiving such additional information, or in the case of no response by the property owner within 60 days of the property owner's receipt of the notice of nonconformity, the city planner shall issue a statement of nonconformity setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity is required to be terminated.

Within 60 days of the receipt of the statement of nonconformity by the property owner, the property owner may appeal the determination of the city planner as contained in the statement of nonconformity to the planning and zoning board. Appeals from the decision of the planning and zoning board shall be as provided in section 98-31 of the Code.

(d)

Public record. Such inventory, notices of nonconformity and statement of nonconformity prepared pursuant to this section 118-205 shall be kept on file by the city planner and shall be a matter of public record.

(Ord. No. 03-17, § 2, 7-10-03)