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brs 2/28/22 <br />(3) Required Findings for Waiver. Based on the information and supporting <br />documents provided in the application, additional information provided as <br />requested, and water use information for the property as shown by the <br />records of the City, the Executive Director of the Public Works Agency, or <br />designee, in making the waiver determination, will take into consideration <br />the following: <br />(A) That the waiver does not constitute a grant of special privilege <br />inconsistent with the limitation upon other City water service <br />Customers; <br />(B) That because of special circumstances applicable to the property <br />or its use, the strict application of this article would have a <br />disproportionate impact on the property or use that exceeds the <br />impacts to water service Customers generally; <br />(C) That the authorizing of such waiver will not be of substantial <br />detriment to adjacent properties, and will not materially affect the <br />ability of the City to effectuate the purpose of this article and will <br />not be detrimental to the public interest; <br />(D) That the condition or situation of the subject property or the <br />intended use of the property for which the waiver is sought is not <br />common, recurrent or general in nature; and <br />(E) That no Person shall be given relief on appeal for hardship unless <br />the water service Customer has installed water saving devices, <br />as determined by the City, and made every reasonable effort to <br />reduce water use. <br />(b) Approval Authority. The Executive Director of the Public Works Agency, or <br />designee, will act upon any completed application after submittal and may <br />approve, conditionally approve, or deny the waiver. The applicant requesting the <br />waiver will be promptly notified in writing of the action taken. The decision of the <br />Executive Director of the Public Works Agency, or designee, is final. <br />Sec. 39-104. — Penalties, Violations, and Enforcement. <br />Noncompliance with restrictions on water waste shall be subject to an administrative <br />citation. The penalties set forth in this section shall be additional to those penalties <br />provided in any other section of this Code. The penalties for failure to comply with any of <br />the prohibited use provisions of this article shall be as follows: <br />(a) First Violation: The City shall issue a written notice pursuant to section 39-105. <br />Ordinance No. NS-XXX <br />Page 14 of 18 <br />