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improvements done by the seller after closing. That was generally how he understood Attorney O'Haire's arguments, and felt it was in Attorney Henderson's court, in the Closing, to show that there was not intentional and voluntary abandonment; and that there were consistent efforts to go forth and make the useable property as it formally had been used as a residential treatment center. Director Boling reiterated that staff had reviewed this and partially relied on data from Mr. Barkett's letter dated September 27, 2006. Looking at the timeline, he asked if there was some portion of the site used or some component of the residential treatment center use going on, intermittent or sporadic, or did the use completely cease for any 12 -month period. Under the reconstruction aspect of Section 904, he asked if that modified or applies to the cessation of use. Director Boling argued other points of consideration as follow: If the Code says you are allowed to rebuild a nonconforming use or structure that houses a nonconforming use, do you get to use it; does the Code allow you to rebuild a structure that has been damaged by the hurricanes, but not let you use it for the previous use or not. He said staff's reading of Section 904 and the practice of the County has been to allow that timeframe to be modified when there is hurricane damage involved, and there is nothing in Section 904, he continued, that speaks to how long one has to recover from a hurricane. Therefore, we do not apply one (that provision) and have not done so for people recovering with repairs. Commissioner O'Bryan questioned staff regarding Section 904 of the Code that deals with hurricanes and recalled that said section referenced another section of the Code. He asked Director Boling if that was correct. Director Boling affirmed it was correct, and elaborated that that specific Section of the Code that is referenced had to do with the 50% threshold (if a building is damaged, 50% or less one could rebuild it; and if it is damaged 50% or more one could not rebuild it.) April 24, 2008 45 Special Call Meeting (The Source)