§ 29-23. Extension.

The general appeals board shall have authority to extend a hardship permit, from time to time, for additional periods not to exceed one year upon the following conditions:

(1)

When application is made for the extension of a hardship permit, notice shall be given by mail or by such other means as the board may direct to occupants of dwellings on abutting property if any such residence or habitation for human beings is located within 25 feet of the property line of the lot upon which the applicant desires to continue maintaining a manufactured home under a hardship permit. The applicant shall include the names and addresses of such persons, if any, in his application.

(2)

The burden of proof shall be upon the applicant to show by clear, cogent and convincing evidence that his circumstances meet one or more of the grounds specified in section 29-20 of this Code and thereby qualify him to continue maintaining a manufactured home on his premises under authority of a hardship permit.

(3)

Occupants of dwellings on abutting property to whom notice has been given may appear as parties at the hearing and give evidence controverting that given by the applicant. In addition, the board shall hear and consider evidence offered by such occupants relating to any conditions alleged to adversely affect their health, safety or welfare from the placement and occupancy of the manufactured home. If the board determines that any person other than an occupant of abutting property has a substantial interest in the matter, such person may be made a party and be permitted to appear and testify as an intervenor. The action of the board in designating or declining to designate a person as an intervenor shall be final and may not be appealed to the city council.

(4)

Notice of the decision of the board shall be given in writing by mail or by such other means as the board may direct to the applicant, to any abutting property owner who appeared at the hearing and to any designated intervenor. Each party shall have the right to appeal the decision of the board to the city council by complying with the appeal procedure of the Building Code.

(5)

The building official shall act as the clerk for the board in proceedings under this section. Applications and other documents relating to such proceedings shall be filed with the building official. The board may, in its discretion and when it finds that justice will be served thereby, grant a temporary extension of a hardship permit pending the outcome of administrative proceedings under this section, provided that the applicant has filed his application for the extension at least 30 days prior to the expiration of his then-current permit or extension period, and further provided that no delays in the proceedings are attributable to actions of the applicant.

(Ord. No. 85-498, § 1, 4-10-85; Ord. No. 90-635, § 57, 5-23-90; Ord. No. 90-1050, § 1, 8-29-90; Ord. No. 02-399, § 66, 5-15-02)