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^ t . . <br /> • <br /> • <br /> • <br /> 1 2. That such variance is necessary for the preservation and <br /> 2 enjoyment of a substantial personal or property right of the appellant <br /> 3 possessed by the owners of other properties in the same noise control <br /> 4 district. <br /> 5 3. That the authorization of such variance does not endanger <br /> 6 public health or safety of named persons in the same or adjacent noise <br /> 7 control districts. <br /> 8 4. That the granting of such variance will not adversely affect <br /> 9 the general policy and purpose of this act set forth in Section 1 of this <br /> 10 ordinance. <br /> 11 d. BOARD OF ADJUSTMENT - CONDITIONS. In authorizing a variance <br /> 12 the Board may attach thereto such conditions regarding noise level, duration, type and <br /> 13 other considerations as the Board may deem necessary to carry out the policy and <br /> 14 purpose of this ordinance. <br /> 15 e. HEARING OFFICER. If at the time of enactment of this ordinance, or <br /> 16 subsequent thereto, the position of Administrative Hearing Officer is created, said <br /> 17 Officer shall perform the functions relating to this chapter over which it has power to <br /> 18 act either in conjunction or in lieu of the Board of Adjustment. If the Hearing Officer <br /> 19 is not delegated the powers to perform the functions of the Board or if the Hearing <br /> 20 Officer position is repealed, the Board shall resume the functions set forth in this <br /> 21 section. <br /> 22 Section 11: Enforcement. <br /> 23 a. COMPLAINT ONLY BASIS. Only after a complaint has been received <br /> 24 from an identifiable person who owns, rents or leases property that is affected by a <br /> 25 noise source and said complaint has been investigated by the Administrator, the <br /> 26 Administrator may initiate proceedings as provided in part (b) of this section; provided <br /> 27 that the section of this ordinance relating to motor vehicles shall be subject to <br /> 28 enforcement proceedings regardless of whether a complaint has been received; <br /> 29 provided, further, that with the exception of motor vehicle noise, noises created by <br /> 30 industrial sources in industrial areas are to be enforced by the State of Washington. <br /> 31 <br /> 32 Page -15- <br />