§ 27-125. Procedure for major deviations.

(a)

If the work is found to have one (1) or more major deviations, the city manager or designee shall:

(1)

Place the matter on the next agenda of the community development board, allowing for adequate notice, and recommend appropriate action for the board to take.

(2)

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the city determines that work or occupancy may proceed pursuant to the decision of the community development board.

(3)

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

(b)

The community development board shall hold a public hearing on the matter and shall take one (1) of the following actions:

(1)

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The final development order or permit may be revoked if this order is not complied with.

(2)

Amend the final development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development order given and the requirements of this Code.

(3)

Revoke the relevant final development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 16, 9-7-10)