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Ord 1992-044
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Ord 1992-044
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Last modified
7/11/2007 4:46:02 PM
Creation date
7/11/2007 4:46:02 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Zoning
Number
1992-44
Date
6/22/1992
Volume Book
107
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<br /> -5- <br /> policy. If an unconfirmed complaint is received <br /> directly by the Department of Planning and <br /> Development Services, the Director will notify <br /> the appropriate City department for further <br /> investigation. The Director shall be responsible <br /> for determining the initial assessment of penalty <br /> points. <br />(e) The Director shall notify the affected <br /> organization by certified mail addressed to its <br /> president at the address shown on the specific <br /> use permit each time the Director makes an <br /> assessment of penalty points. A copy of the <br /> notice shall be sent to the organization's <br /> contact person. The notice shall also include <br /> the total number of accumulated points, and the <br /> number presently under appeal, if any. The <br /> organization may, within 15 calendar days of its <br /> receipt of the notification, appeal the <br /> assessment by filing a petition with the <br /> Municipal Court Judge and posting a hearing fee <br /> bond in an amount set by the Judge. The <br /> Municipal Court Judge may, after a hearing, <br /> affirm, waive, or modify the assessment of points <br /> if the Judge finds an insufficient factual basis <br /> for the assessment, of if the Judge finds a <br /> substantial justification or mitigating <br /> circumstances for excusing all or part of the <br /> assessment. Disputed fact issues shall be <br /> determined by a preponderance of the evidence. <br /> The bond shall be returned to the organization if <br /> its appeal is sustained in full, but shall be <br /> retained as a hea~ing fee if the appeal is denied <br /> in full or in part. If an appeal is pending <br /> regarding an assessment of penalty points, it <br /> shall preclude the points from forming any part <br /> of a basis for revocation under subdivision <br /> (4)(f) below. <br />(f) When any combination of penalty points assessed <br /> against an organization equals or exceeds a total <br /> of six points during a consecutive period of 24 <br /> months, the Director shall schedule a hearing <br /> before the Zoning Commission on revocation of the <br /> organization's specific use permit under the same <br /> procedures as for initial consideration of a <br /> specific use permit. Notification of the hearing <br /> shall be sent to the organization by certified <br /> mail addressed to its president at the address <br /> shown on the specific use permit, with copies <br /> sent by certified mail to the organization's <br /> contact person and the owner of the subject <br /> property. <br />(g) The revocation hearing shall result in a decision <br /> by the Zoning Commission based upon a <br /> preponderance of evidence before it. If the <br /> specific use permit is revoked, the use of the <br /> building as a fraternity or sorority building by <br /> the organization to which the permit was issued <br /> shall cease within 30 days of the date of the <br /> decision of the Commission. If the permit is not <br /> revoked, continued use of the premises as a <br /> fraternity or sorority building by the permitted <br /> organization may be subject to additional <br /> conditions reasonably related to the <br /> circumstances giving rise to the revocation <br /> hearing, as determined by the Commission, and the <br /> permit is again subject to revocation if one or <br /> more additional penalty points are assessed <br />
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