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ORDINANCE Page 16 of 18 <br />variance holder no longer meets the criteria listed in subsection B of this section; <br />2.The variance holder causes or permits noise that fails to comply with the variance or other <br />provisions of this chapter not affected by the variance and the issuance of a violation citation or <br />stop work order has been or would be ineffective to secure compliance; or <br />3.The variance was obtained with false or misleading information. <br />F.The variance holder must post the variance in a viewable area at the location of the variance <br />site or keep it on their person during the effective period of the variance. <br />G.If the administrator Planning Director grants a variance, notice shall be delivered via mailed <br />by first class mail or hand delivered via a doorhanger to those property owners appearing on the <br />list provided by the applicant per the application requirement herein established pursuant to <br />Section A(7) above. The applicant shall be responsible for paying all printing, mailing, and/or <br />delivery costs, which shall be in addition to the variance application fee. <br />H.Any variance granted by the administrator Planning Director shall be restricted to no more <br />than 5 occurrences in a 30 day period in duration and an implementation schedule for achieving <br />compliance with this chapter shall be incorporated therein. No variance shall exceed thirty days. <br />Variances may be renewed, but no renewal shall be granted unless application is made at least <br />sixty days prior to expiration of the issued variance and the applicant complies with all other <br />requirements of this section. <br />I.Any person aggrieved by a variance decision may file an appeal in writing with the land use <br />hearing examiner within ten days of issuance of the administrator’s decision. The appeal shall be <br />a proceeding pursuant to Title 15, Review Process IIIA. The appellant must prove by clear and <br />convincing evidence that the administrator abused his or her discretion in a decision made <br />pursuant to this section. Any appeal of a variance decision by the administrator may be <br />affirmed, reversed, or modified by the hearing examiner. The decision of the hearing examiner <br />shall be final. The applicable provisions of Title 15 shall govern procedure and process of any <br />appeal of an administrator’s decision, except that public notice requirements established in <br />Section 15.24.110 do not apply to this appeal process. Further, where a provision of Title 15 <br />conflicts with a provision of this section, this section controls. <br />20.08.210 Provisions not exclusive. <br />The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any <br />other claim, cause of action or remedy; nor, unless specifically provided, shall this chapter be <br />deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall <br />be deemed additional to existing legislation and common law on noise.