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Ordinance No. NS-XXX <br />Page 8 of 47 <br />the consideration of eliminating noxious uses or structures through <br />amortization. <br /> <br />3. The determination of an appropriate amortization period for termination <br />of a noxious use pursuant to this Article shall be made by a Hearing <br />Officer retained by the City and who has professional legal and land use <br />experience to address amortization. The Hearing Officer shall order <br />noxious uses and structures to be discontinued and removed from their <br />sites within a period determined pursuant to the process set forth in <br />Subsection b (Establishment of Amortization Periods), and consider the <br />following: <br /> <br />A. If the noxious user has not made a substantial investment in <br />furtherance of the use or structure, or if the investment can be <br />substantially utilized or recovered through a currently permitted use, <br />the order may require a noxious use or structure to be discontinued <br />and removed from their site within a minimum of one year after the <br />date of the order. <br /> <br />B. If the noxious user has made a substantial investment in furtherance <br />of the use or structure, or if the investment cannot be substantially <br />utilized or recovered through a currently permitted use, the order may <br />require the discontinuation and removal of the noxious use or <br />structure within a longer reasonable amount of time. <br /> <br />C. Noxious uses or structures that are determined to be an imminent <br />threat to the public health or safety may be subject to immediate <br />cessation and removal, pursuant to Chapter 1 (General Provisions) <br />of the SAMC. <br /> <br />4. Noxious uses and structures may also, upon order from the City or a <br />court order, be subject to immediate cessation and removal of the <br />nonconforming use or structure. <br /> <br />b. Establishment of Amortization Periods. Where a period during which a <br />noxious use or structure is to be discontinued and removed from a site or <br />sites is required pursuant to this Article, such period shall be established as <br />follows: <br /> <br />1. The Executive Director of the Planning and Building Agency, or <br />designee, shall submit the noxious use or structure and a recommended <br />amortization period, based on subsection 4. herein, to a Hearing Officer <br />pursuant to Chapter 3 of the SAMC for review; <br /> <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 noxious use or structure and <br />the property owner at least ten (10) days prior to the hearing. Additional <br />notice may also be provided to surrounding property owners and/or