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Ordinance No. NS-XXX <br />Page 7 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />3. For the purpose of this subsection (7) a. 2.: <br />A. The thirty (30) consecutive day time period shall be measured from <br />the date of the first observed and documented violation. <br />B. A one-year period shall be the twelve (12) consecutive months of <br />time preceding the sixtieth (60th) day of total violations; or the twelve <br />(12) consecutive months of time preceding the issuance of the third <br />(3rd) noncompliant notice. <br /> <br />C. Local regulations mean the SAMC, including, but not limited to, the <br />operational standards contained in Section 41-2008 (m) 41-2009 of <br />this Article. <br />D. A local regulatory agency includes the City, County of Orange, <br />special districts, or any other local government agency charged with <br />regulating noxious uses. <br /> <br />E. Noncompliant notices may include, but are not limited to, Notice to <br />Comply and Notice of Violation as issued by the South Coast Air <br />Quality Management District (SCAQMD), Department of Toxic <br />Substances Control (DTSC), California Environmental Protection <br />Agency (CalEPA), Certified Unified Program Agency (CUPA), and <br />Santa Ana Regional Water Quality Control Board (SARWQB). <br />(8) Elimination of Nonconforming Noxious Uses and Structures. <br />a. Elimination of Nonconforming Noxious Uses and Structures, Generally. <br />1. The City Council has determined that elimination of nonconforming <br />noxious uses and structures by amortization may be considered based <br />upon one or more of the following factors: <br />A. The threat to the public health, safety, and welfare posed by the <br />continuance of the nonconforming noxious use or structure; <br /> <br />B. Adaptability of the land and improvements to a currently permitted <br />use; <br />C. Compatibility with the existing land use patterns and densities of the <br />surrounding neighborhood; <br />D. Excessive calls for service to applicable response agencies related <br />to the operation of the nonconforming noxious use; and