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