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<br />2. The property owner has detrimentally relied, in good faith by making <br />substantial expenditures; and <br /> <br />3. That it would be highly inequitable to deny the property owner the right to <br />complete the development. <br /> <br />(B) Any property owner claiming to have vested rights under this Section 2, must file an <br />application with the City Commission for vested rights determination within the two <br />(2) year amortization period from the effective date of this Ordinance as set forth in <br />Section 2(A) above. The applicant shall present a detailed description ofthe existing <br />or pending vested rights for the particular development in question including the <br />period of time for which the applicant claims rights are vested in any and all <br />conditions and limitations applicable to the asserted existing or pending application <br />for vested rights to develop. The application shall be accompanied by a fee of <br />$2,500.00, and contain a sworn statement as the basis upon which the vested rights <br />are asserted together with documentation required by the City and other documentary <br />evidence supporting the claim. The City Commission shall hold a public hearing on <br />the application and based upon the evidence submitted shall make a determination <br />as to whether the owner has established vested rights. <br /> <br />Section 3. Repealer. Any and all ordinances, resolutions, and parts of ordinances or <br />resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in <br />conflict herewith. <br /> <br />Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption <br />on second reading. <br /> <br />Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any <br />section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or <br />unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, <br />clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent <br />that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> <br />PASSED AND ADOPTED on first reading the 17th day of September, 1998. <br /> <br /> <br />,1998. <br /> <br />w- <br /> <br />ATTEST: <br />