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Ordinance No. NS-XXX <br />Page 8 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />E. Failures to remedy notices of violation, administrative warnings, or <br />other notices of noncompliance issued by a Federal, State, or local <br />agency, including the City. <br />2. The Executive Director of the Planning and Building Agency, or <br />designee, in conjunction with other City Departments and Agencies, <br />may establish, and periodically update, a list or data resource that <br />identifies categories of nonconforming noxious uses or structures with <br />specific metrics and operational characteristics, to develop a ranking <br />system for use in the consideration of eliminating nonconforming <br />noxious uses or structures through amortization. <br />3. The determination of an appropriate amortization period for termination <br />of a nonconforming noxious use pursuant to this Article shall be made <br />by a Hearing Officer retained by the City and who has professional legal <br />and land use experience to address amortization. The Hearing Officer <br />shall order nonconforming noxious uses and structures to be <br />discontinued and removed from their sites within a period determined <br />pursuant to the process set forth in Subsection b (Establishment of <br />Amortization Periods), and consider the following: <br />A. If the nonconforming noxious user has not made a substantial <br />investment in furtherance of the use or structure, or if the investment <br />can be substantially utilized or recovered through a currently <br />permitted use, the order may require a nonconforming noxious use <br />or structure to be discontinued and removed from their site within a <br />minimum of one year after the date of the order. <br />B. If the nonconforming noxious user has made a substantial <br />investment in furtherance of the use or structure, or if the investment <br />cannot be substantially utilized or recovered through a currently <br />permitted use, the order may require the discontinuation and removal <br />of the nonconforming noxious use or structure within a longer <br />reasonable amount of time. <br />C.Nonconforming Noxious uses or structures that are determined to be <br />an imminent threat to the public health or safety may be subject to <br />immediate cessation and removal, pursuant to Chapter 1 (General <br />Provisions) of the SAMC. <br />4.Nonconforming Noxious uses and structures may also, upon order from <br />the City or a court order, be subject to immediate cessation and removal <br />of the nonconforming use or structure. <br />b. Establishment of Amortization Periods. Where a period during which a <br />nonconforming noxious use or structure is to be discontinued and removed <br />from a site or sites is required pursuant to this Article, such period shall be <br />established as follows: