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Ordinance No. NS-XXX <br />Page 9 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />1. The Executive Director of the Planning and Building Agency, or <br />designee, shall submit the nonconforming noxious use or structure and <br />a recommended amortization period, based on subsection 4. herein, to <br />a Hearing Officer pursuant to Chapter 3 of the SAMC for review; <br />2. The Hearing Officer shall hold a noticed hearing to consider the <br />recommended amortization period. Notice of the hearing shall be <br />provided to the owner or operator of the nonconforming noxious use or <br />structure and the property owner at least ten (10) days prior to the <br />hearing. Additional notice may also be provided to surrounding property <br />owners and/or tenants, at the discretion of the Executive Director of the <br />Planning and Building Agency, or designee. <br />3. The Hearing Officer shall consider the recommendations submitted by <br />the Executive Director of the Planning and Building Agency, the General <br />Plan of the City, and any testimony or evidence provided during the <br />hearing, in order to determine the amortization schedule for elimination <br />of the nonconforming noxious use or structure. <br />4. The Hearing Officer shall establish a maximum amortization period <br />during which the nonconforming noxious use or structure shall be <br />permitted to continue after considering the following in relation to the use <br />or structure: <br />A. The amount of investment or original cost of the use or structure; <br />B. The present actual or depreciated value of the use or structure; <br />C. The remaining useful life of the use or structure; <br />D. The remaining term of the lease (if applicable); <br />E. The date or dates of construction; <br />F. Amortization of the business or structure for tax purposes; <br />G. The salvage value; <br />H. Adaptability of the land and improvements to a currently permitted <br />use; <br />I. Cost of moving and reestablishing the use elsewhere; <br />J. Compatibility with the existing land use patterns and densities of the <br />surrounding neighborhood; <br />K. The threat to the public health, safety, and welfare posed by the <br />continuance of the nonconforming noxious use or structure;