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<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 46 of 198 <br />Sec. 90-44. Certificates of compliance. <br />(a) The community development director or designee shall issue a certificate of compliance where: <br />(1) The application is signed by all owners of the property. <br />(2) The applicant has shown proof of ownership. <br />(3) The certificate of compliance is authorized by ordinance. <br />(4) The property is in compliance with all the requirements of ordinance for issuance of the certificate. <br />(b) The community development director or designee shall deny an application for a certificate of compliance <br />where one or more of the standards established in this chapter are not satisfied. <br />(c) If an applicant for a certificate of compliance feels that a decision made by the community development <br />director or designee is incorrect according to ordinance, the applicant may appeal the decision to the board <br />of appeals and adjustments. The board shall consider the issue at a public meeting, and provide a <br />recommendation of the city council whether to issue or deny the certificate of compliance. <br />(Prior Code, § 1015-130.1, § 90-42) <br />Sec. 90-45. Conduct of hearings. <br />(a) Wherever possible, hearings shall be scheduled to allow council consideration of recommendations by the <br />planning commission or board of appeals and adjustments on land use requests within 60 days of the <br />complete application being submitted to the city. Where conditions do not allow the council consideration <br />within such 60 days, the community development director or designee shall mail the applicant notice that <br />the council shall reply to the application within 120 days of the completed application being submitted to the <br />city. <br />(b) Notice requirements. <br />(1) Except as otherwise provided by law, hearing notices shall be published in the official newspaper of the <br />city at least ten days prior to the day of the scheduled hearing. Written notice of the hearing shall be <br />mailed to property owners within 350 feet of the subject property so as to arrive no later then seven <br />days prior to the hearing. <br />(2) When an amendment involves changes in district boundaries affecting an area of five acres or less, a <br />similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected <br />property and property situated wholly or partly within 350 feet of the property to which the <br />amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the <br />notice may use any appropriate records to determine the names and addresses of owners. A copy of <br />the notice and a list of the owners and addresses to which the notice was sent shall be attested to by <br />the responsible person and shall be made a part of the records of the proceedings. The failure to give <br />mailed notice to individual property owners, or defects in the notice shall not invalidate the <br />proceedings, provided a bona fide attempt to comply with this subsection has been made. The hearing <br />notice shall include: <br />a. Applicant's name. <br />b. Nature of the land use requested. <br />c. Legal description of the property, as well as address, if available. <br />d. Hearing date, time, and location.