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Ordinance No. NS-XXX <br />Page 12 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />4. Failure to Comply with Hearing Officer’s Determination. Failure to <br />comply with the Hearing Officer’s determination to discontinue a <br />nonconforming noxious use or structure shall constitute a violation of <br />this Chapter and is subject to fines and enforcement provisions of Sec. <br />1-8 of the SAMC. <br />5. Failure to Terminate Use at Conclusion of Amortization Period. The <br />failure to terminate a nonconforming noxious use at the conclusion of an <br />approved amortization period shall be deemed a public nuisance in <br />accordance with California Government Code, Section 38771. The City <br />is hereby authorized to abate the nuisance in accordance with Chapter <br />17 of this Code or may pursue any alternative remedy to abate the use <br />authorized by this Code or State law. <br />d. Additional Administrative Policies and Procedures. The Executive Director <br />of the Planning and Building Agency, or designee, may enact and shall <br />publish any additional administrative policies and procedures to effectuate <br />the purposes of this Chapter, including, but not limited to, administrative <br />policies and procedures to govern the selection of a neutral hearing officer <br />and the conduct of hearings for the Establishment of Amortization Periods <br />in order to implement the provisions of this Article. <br />(9)Abatement. The provisions of this Section are in addition to authority existing <br />under State law to declare and abate a public nuisance pursuant to California <br />law and other applicable provisions of the SAMC. In the event that a legal <br />nonconforming structure or use is found to constitute a public nuisance, <br />appropriate and alternative action may be taken by the City pursuant to Chapter <br />1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this <br />Chapter). <br />(10)Exception. The provisions of this section shall not apply to multifamily dwellings <br />damaged or destroyed by fire in accordance with Government Code Section <br />65852.2. <br />(11)Voluntary Compliance Agreement. The Executive Director of the Planning and <br />Building Agency, or designee, is hereby authorized to enter into a Voluntary <br />Compliance Agreement with a business owner or property owner in order to <br />establish terms for compliance with the provisions of this Article.” <br />Section 6. Section 41-2004 (The Industrial Overlay (I-OZ) Zone) of Chapter 41 <br />of the SAMC is hereby amended to read as follows: <br />“Sec. 41-2004 Reserved.” <br />Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter <br />41 of the Santa Ana Municipal Code is hereby amended to read as follows: