The Housing Officer is hereby authorized and
empowered to promulgate such written rules and regulations as may
be necessary for the proper interpretation and administration of the
provisions of this code, provided that such rules and regulations
do not conflict with this code and conform to the general standards
prescribed by this code. The Housing Officer shall file copies of
such rules and regulations with the City Clerk and shall make available
in the Housing Officer's office a copy for inspection by the public.
The Housing Officer shall have the power to
modify or vary provisions of this code if:
A. The strict enforcement of the provisions of this code
would require the installation of repairs and improvements estimated
to exceed $300 in cost, and the premises subject to this 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 a reasonable likelihood that the said premises will be
acquired within a period of one year; provided, however, that any
waiver of the provisions of this code shall be canceled and the Housing
Officer shall strictly enforce the 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.
B. Strict compliance with this code would require substantial
structural changes to the premises, and the nonconformity is of a
technical and insubstantial character or there is an alternative means
satisfactory to the Housing Officer to be used, which will eliminate
violations of this code constituting hazards to the health, safety
and welfare of the occupants of the premises and persons in the immediate
vicinity thereof.
Upon denial of any such application, the owner, operator or applicant may request a hearing which shall be held in accordance with provisions of §
219-154.
Such application shall not constitute a defense
of any violation of this code concerning which any proceedings are
pending in the Municipal Court when 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 code.
Where variations or modifications are approved
of any section of this code by the Housing Officer or by action of
any court, a written record thereof stating the name of the applicant,
the address of the premises, the variation or modification approved,
date of approval and the reasons therefor, satisfying the provisions
contained herein, shall be prepared by the Housing Officer and filed
both under the section or sections of this code to which the variation
or modification applies and under the address of the premises, and
such files shall be available for public inspection in the office
of the Housing Officer during the regular business hours.
The Housing Officer shall, in the month of December
of each year, review with the City Counsel the procedures and operation
of this code and report to the Mayor and City Council on or before
January 1:
A. Any recommended amendment, addition or modification
of provisions of this code consonant with the field experience of
the personnel charged with the enforcement.
B. A summary of the enforcement experience, indicating
the number of violations abated, the number of cases processed in
the Municipal Court, the number of inspections made and such other
and further pertinent information as will provide the Mayor and Council
with an annual account of progress in securing the standards required
by this code.
C. Any further recommendation as to how the code and
procedure and operations thereunder can be improved.