§ 58.1191. Authority for Staff to Testify at Judicial proceedings on the Likelihood of Waivers or Exceptions.

(a)

The appropriate Department Head is hereby authorized to testify in judicial proceedings as to the likelihood of whether a waiver or exception from City codes or regulations would be granted or the reasons the Department Head has granted the waiver or exception.

(b)

In testifying, the Department Head is specifically authorized to employ the following criteria:

(1)

History of similar waivers or exceptions being granted by the City or its appropriate boards.

(2)

Analysis of why the waiver or exception would not unreasonably affect surrounding property owners.

(3)

Analysis of the potential hardship imposed by the government acquisition.

(4)

Analysis of any and all other criteria normally considered by the appropriate boards or departments in granting similar waivers or exceptions and how those criteria relate to the subject and neighboring properties.

(5)

That the granting of a waiver or exception would not adversely affect the public health, safety or welfare.

(Ord. of 4-5-1999, § 7, Doc. #32006)