Sec. 11-172. Temporary waiver.
Any owner or managing agent whose residential rental dwelling unit is inspected and found not to be in compliance with the code may petition the building maintenance official, in writing, for a temporary waiver of compliance. The petition shall be on a form provided by the building maintenance official and shall contain the information therein requested and which may be reasonably necessary to its decision, and shall include a written statement signed by the applicant, acknowledging the actions needed, specifying the anticipated date of beginning and completion of the work, and if known, the name of the person or company that will perform the work. If the building maintenance official finds that:
(a) The delay in the correction of the violation is reasonable, taking into the consideration the availability of qualified persons to do the work and the current work load; and
(b) The work can be reasonably undertaken and completed while the premises are occupied or that appropriate provision has been made for housing the tenant elsewhere while the residential rental dwelling unit will not be habitable because of the work of correcting violations; the building official may issue a temporary waiver of compliance which will allow a reasonable period of time to achieve compliance. This period shall not be less that thirty (30) days nor more than sixty (60) days. The applicant shall, on or before such date, request an inspection and pay any inspection fee that may be required by Section 11-167 of this article.
(c) No waiver granted under this section shall be valid unless in writing and signed both by the building maintenance official or his designee and the applicant. (Ord. of 10-28-03; O-03-177, eff. 10-1-03; Ord. No. O-05-032, 3-8-05)
Last updated date: 10/23/2006 4:15:21 PM