Chapter 1.90 SPECIAL AGREEMENTS, ARRANGEMENTS OR RELIEF

When a person by reason of special and unique circumstances is of the opinion that a provision of this code is extremely unjust or highly inequitable as applied to their premises, they may make written application to the General Manager stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to the premises.

If the application is approved, the General Manager, subject to the monetary authority conferred, and within such limitations and restrictions as may be established by the Board from time to time, may suspend or modify the provision complained of, as applied to the premises, to be effective as of the date of the application and continuing during the period of the special circumstances.

If the sought-after relief described in DSRSDC § 1.90.010, Relief on application, is not granted by the General Manager, a written appeal can be made to the Board pursuant to DSRSDC § 1.80.040, Claims procedures. If the appeal is approved, the Board, by resolution, may suspend or modify the provision complained of, as applied to the premises, to be effective as of the date of the original application to the General Manager and continuing during the period of the special circumstances.

The Board may, on its own motion, find that by reason of special circumstances a provision of this code should be suspended or modified as applied to a particular premises and may, by resolution, order the suspension or modification thereof.

The Board may, on its own motion, review any relief granted by the General Manager under DSRSDC § 1.90.010, Relief on application, and may find that the provisions of this code should not be suspended or modified and may, by resolution, cancel the suspension or modification thereof.

Notwithstanding any provision of this code to the contrary, special agreements and arrangements between the District and a person or agency may be established when, in the opinion of the General Manager in his or her sole discretion, unusual or extraordinary circumstances compel special terms and conditions, and provided that no federal or state requirement or standard is waived under the agreement or arrangement. If the agreement or arrangement involves additional or extraordinary expense to the District, the person or agency will be required to reimburse the District, and to post with the District a bond or other guarantee acceptable to the District.