§ 70-3.5. Interpretation and enforcement.

(a)

The provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(b)

This chapter is not intended to interfere or conflict with, abrogate, or annul any other regulation, ordinance, statute, or provision of law.

(c)

Whenever a provision of this chapter and a provision of any other law, ordinance, resolution, rule, or regulation of any kind, including any other provision of this chapter, contain restrictions covering the same subject matter, the more restrictive shall govern.

(d)

The foregoing principles notwithstanding, the city council directs those city officials responsible for enforcement of this chapter to utilize a reasonable common sense approach to the interpretation and application of the specific provisions of this chapter. To this end, city officials charged with the responsibility for enforcement and administration of provisions of this chapter shall be entitled to utilize discretion in waiving specific application requirements, provided that such discretion shall be exercised in a manner to preserve the purposes and intention of this chapter and to not jeopardize the health, safety or general welfare of the public. When exercising discretion to waive or modify any specific application requirements, said city officials shall consider:

(1)

The scope and nature of the proposed project.

(2)

The impact of the project on the properties in the general vicinity of the project.

(3)

The impact of the project on municipal facilities and services, including without limitation, streets, water, sewer, drainage, police, and fire protection services.

(4)

Whether the information contained in a requirement sought to be waived is reasonably and readily available from other materials submitted in conjunction with the application.

(e)

Strict enforcement of each provision of this chapter shall not be required, but the city officials charged with enforcement of this chapter shall be entitled to utilize the legal principal of prosecutorial discretion.

(Ord. No. 10-14, § 1, 9-21-2010)