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<br />Ordinance No. NS-XXX <br />Page 12 of 49 <br />be deemed necessary for the compatibility of such <br />nonconformity with adjacent properties. <br /> <br />d. Appeals. Appeals shall be filed in accordance with Chapter 3 <br />of the Santa Ana Municipal Code. <br /> <br />4. Failure to Comply with Hearing Officer’s Determination. Failure to <br />comply with the Hearing Officer’s determination to discontinue a <br />nonconforming use or structure shall constitute a violation of this <br />Chapter and is subject to fines and enforcement provisions of Sec. 1-8 <br />of the SAMC. <br /> <br />5. Failure to Terminate Use at Conclusion of Amortization Period. The <br />failure to terminate a nonconforming use at the conclusion of an <br />approved amortization period shall be deemed a public nuisance in <br />accordance with California Government Code, Section 38771. The City <br />is hereby authorized to abate the nuisance in accordance with Chapter <br />17 of this Code or may pursue any alternative remedy to abate the use <br />authorized by this Code or State law. <br /> <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, administrat ive <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 /> <br />(7) 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 nuisan ce, <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 /> <br />(8) 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 /> <br />(9) Voluntary Compliance Agreement. The Executive Director of the Planning and <br />Building Agency, or designee, is hereby authorized to enter into a Voluntary <br />Compliance Agreement with a business owner or property owner in order to <br />establish terms for compliance with the provisions of this Article.” <br /> <br />Section 6. Section 41-2004 (The Industrial Overlay I-OZ) Zone) of Chapter 41 <br />of the SAMC is hereby amended to read as follows:   <br />Planning Commission 1 – 24 3/6/2025 <br />