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filed, or within such extended period of time as may be mutually <br /> agreed upon by the applicant and the Executive Director of the <br /> Planning and Building Agency, or designee. The Executive Director <br /> of the Planning and Building Agency, or designee, may impose such <br /> conditions, including additional time extensions not to exceed two (2) <br /> additional years, as may be deemed necessary for the compatibility <br /> of such a noxious use with adjacent properties. <br /> D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the <br /> Santa Ana Municipal Code. <br /> 4. Failure to Comply with Hearing Officer's Determination. Failure to <br /> comply with the Hearing Officer's determination to discontinue a noxious <br /> use or structure shall constitute a violation of this Chapter and is subject <br /> to fines and enforcement provisions of Sec. 1-8 of the SAMC. <br /> 5. Failure to Terminate Use at Conclusion of Amortization Period. The <br /> failure to terminate a noxious use at the conclusion of an approved <br /> amortization period shall be deemed a public nuisance in accordance <br /> with California Government Code, Section 38771. The City is hereby <br /> authorized to abate the nuisance in accordance with Chapter 17 of this <br /> Code or may pursue any alternative remedy to abate the use authorized <br /> 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 /> Ordinance No. NS-3081 <br /> Page 12 of 49 <br />