§ 714-40. Potential Waiver or Suspension of Fines for Property Susceptible to Littering by Third Parties.

(a)

If a property is susceptible to littering by third parties who are not the owner or person in control and who are not invited to be present on the property by the owner or person in control, or if the property is susceptible to illegal and prohibited waste disposal as defined by Chapter 729 by third parties who are not the owner or person in control and who are not invited to be present on the property by the owner or person in control, the owner or person in control may be eligible for suspension or waiver of fines incurred for violations of Section 714-35, 714-37, or 714-39.

(b)

Examples of conditions that may make an owner or person in control eligible for suspension or waiver of fines under this provision include but are not limited to the property's location in a high vehicular traffic area or a high pedestrian traffic area that subjects it to excessive littering through no direct fault of the property owner; the property being situated such that parts of it are not routinely visible to the owner or person in control and thus, it is more susceptible to illegal and prohibited waste disposal, as defined by Chapter 729; and other extenuating or mitigating factors.

(c)

A property is eligible for a suspension or waiver of fines under Section 714-35, 714-37, or 714-39, only if:

(1)

The owner or person in control has requested a waiver or suspension of fees and submitted a proposed abatement plan to directly address the conditions giving rise to the violations within seven days of the issuance of the notice of violation set forth in Section 714-41;

(2)

The owner or person in control has set forth in the request for waiver or suspension the reasons why the violations are not within the control or the fault of the owner or person in control due to either the ongoing nature of the litter violations at the property caused by third parties or the property's susceptibility to illegal and prohibited waste disposal, as defined by Chapter 729;

(3)

The owner or person in control's proposed abatement plan

A.

Sets forth how potential future violations of this chapter will be avoided or addressed; and

B.

Directly addresses the factors that contributed to the underlying violation, but that are not fully within the control of the owner or person in control due to either the ongoing nature of the litter violations at the property caused by third parties; and

(4)

The city manager or the city manager's designee has approved the abatement plan submitted by the owner or person in control of the property, with the determination being made in accordance with the rules and regulations promulgated by the city manager as authorized in Section 714-49.

(d)

A property's eligibility for suspension or waiver of fines under this provision is at the discretion of the city manager or the city manager's designee. The city manager or the city manager's designee may reject, request modification of, or revoke an abatement plan.

(e)

The city manager or city manager's designee's enforcement of this provision shall be governed by the rules and regulations promulgated by the city manager as authorized in Section 714-49. A copy of the city manager's rules and policies and any subsequent revisions to such rules shall be submitted to Council for approval prior to implementation.

(f)

A denial of a request for suspension or waiver or fines and the rejection, modification or revocation of an abatement plan under this Section is appealable to the office of administrative hearings.

(Ordained by Emer. Ord. No. 075-2015, § 4, eff. March 25, 2015)