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MID RISE Code

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d u b a i , u . a . e . - o c t o b e r 2 0 0 6<br />

J u m e i r a h V i l l a g e - M I D R I S E D e v e l o p m e n t C o d e<br />

33<br />

a d m i n i s t r at i o n a n d p r o c e d u r e s<br />

community.<br />

B. The site or sites involved in the proposed amendment are<br />

more suitable for uses and standards permitted in the<br />

proposed Zone than in the current Zone.<br />

C. The proposed amendment is consistent with the Master<br />

Plan and will not adversely impact the mobility and<br />

infrastructure systems of Jumeirah Village.<br />

D. The proposed change in the Zoning Map will remain<br />

compatible with the character of the surrounding area.<br />

9.10.03. Amendment Process<br />

A. The Development <strong>Code</strong> Administrator shall complete<br />

a report to the Development Review Board including<br />

an overview of the request for amendment, including a<br />

recommendation regarding the proposed amendment<br />

and potential impacts.<br />

B. The Development Review Board shall consider the<br />

recommendation of the Development <strong>Code</strong> Administrator<br />

and determine to approve, reject or modify the proposed<br />

amendment.<br />

C. If the request to amend the Zoning Map was submitted<br />

by an applicant for Development Plan approval, the<br />

Development <strong>Code</strong> Administrator shall notify the<br />

applicant in writing of final action, including approval or<br />

denial of the amendment.<br />

9.10.04. Time<br />

Upon approval, an amendment to the Development shall<br />

take place immediately upon final action by the Development<br />

Review Board.<br />

Section 9.11. Enforcement<br />

9.11.01. Compliance Required<br />

A. No person may use, occupy, or develop land, buildings<br />

or other structures, or authorize or permit the use,<br />

occupancy, or development of land, buildings or other<br />

structures except in accordance with all applicable<br />

provisions of this <strong>Code</strong>.<br />

B. The developer of any building or land in violation of this<br />

<strong>Code</strong>, as well as any architect, builder, contractor or<br />

other professional consultant who may have assisted or<br />

contributed to such violation shall be considered guilty of<br />

a violation of this <strong>Code</strong>.<br />

C. Any use, arrangement or construction differing from<br />

officially approved plans shall be deemed in violation of<br />

this <strong>Code</strong>.<br />

9.11.02. Responsibility for Enforcement<br />

A. The Development <strong>Code</strong> Administrator is given authority<br />

on behalf of Jumeirah Village LLC to enforce the<br />

requirements of this <strong>Code</strong>, including the ability to<br />

monitor all development and operation of activities<br />

within Jumeirah Village. Jumeirah Village LLC shall have<br />

ultimate authority for enforcement and shall impose<br />

penalties for violation of this <strong>Code</strong> as appropriate.<br />

B. Any individual may make the Development <strong>Code</strong><br />

Administrator aware of potential violations. To investigate<br />

a complaint, the Development <strong>Code</strong> Administrator<br />

must be provided a detailed account of the violation,<br />

the period of occurrence and, if possible, the alleged<br />

responsible parties. All complaints shall be maintained<br />

on record by the Development <strong>Code</strong> Administrator.<br />

9.11.03. Notice of Intent<br />

A. Upon determination of a violation, the Development<br />

<strong>Code</strong> Administrator shall give notice to the individual or<br />

individuals responsible for said violation with instructions<br />

for discontinuance and compliance. The Administrator<br />

shall provide a reasonable time for compliance.<br />

B. The Development <strong>Code</strong> Administrator is hereby<br />

authorized to immediately suspend activities without<br />

notice that cause imminent destruction of property or<br />

injury to persons.<br />

9.11.04. Penalties<br />

Jumeirah Village LLC reserves the right to take all appropriate<br />

actions and initiate proceedings to prevent unlawful<br />

construction, to recover damages, or to restrain, correct, or<br />

abate any violation of this <strong>Code</strong>. One or more of the following<br />

penalties may be assessed against any person involved with<br />

violations of this <strong>Code</strong>:<br />

A. Removal or correction of the violation at the owner’s<br />

expense.<br />

B. A fine of up to Dhs. 1,000 for each day that a violation<br />

exists after the specified reasonable time provided by the<br />

Notice of Intent has expired, as calculated from the date<br />

of issuance.<br />

C. A one time fine for each occurrence of a violation<br />

including:<br />

• 1,000 Dhs. upon the initial occurrence<br />

• 2,000 Dhs. upon the second occurrence<br />

• 3,000 Dhs. upon the third occurrence<br />

• 10,000 Dhs. upon any subsequent occurrences.<br />

D. Discontinuance of utility services until the violation has<br />

been addressed to the satisfaction of Jumeirah Village<br />

LLC.<br />

E. Removal of a consultant from the register of consultants<br />

licensed to perform work in Jumeirah Village.<br />

F. In the case of a violation which endangers public health<br />

or safety, arrest and detention for a period of time<br />

established by a court of jurisdiction.<br />

A D M I N I S T R AT I O N A N D P R O C E D U R E S

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