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2. (food Faith Compliance. If the compliance official determines that the applicant failed to fully comply with this chapter but made a good faith effort to comply, the city shall complete the building, demolition or other similar permit process, including issuing a cer- tificate of occupancy. In making this determination, the compliance ofticial shall consider the market for the recyclable materials, the diversion rate, the size of the project, the ability of the franchise collector to process the recyclable materials, and the documented efforts of the applicant to meet the diversion requirement. 3. Noncompliance. If the compliance official determines that the applicant failed to fully comply with this chapter and failed to make a good faith effort to comply with this chapter, the city shall not complete the building, demolition or otter similar permit process. In snaking this determination, the compliance official shall consider the diversion rate and diversion requirement for the recyclable materials, the submittal of documentation detailing the recycling efforts and any other relevant information. (Ord. 1992 § I, 2009) 9.21.060 Exemption. A. Application. If an applicant for a regulated project experiences unusual circumstances making it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the WMP. B. If after reviewing the material submitted by the applicant and, if necessary, meeting with the appli- cant, the compliance official determines that meeting the diversion requirement is infeasible due to unusual cir- cumstances, the compliance official may grant a full or partial exemption. If the compliance official grants a partial exemption, the compliance official shall inform the applicant of the diversion requirement for each mate- rial. C. The compliance official shall make a deci- sion regarding the application for an exemption within 20 days of receipt thereof. (Ord. 1992 § 1, 2009) 9.21.070 Appeal. A. Any applicant may appeal a determination of the compliance official regarding: 1. The granting or denial of an exemption pur- suant to Section 9.21.060; 2. Compliance with the WMP. B. The applicant must file a written appeal with the city manager within 10 business days of the compli- ance official's determination. The appeal shall state the grounds for the appeal. 250 -3 9.21.060 C. In deciding the appeal, the city manager may request additional information from the applicant, the compliance official, the franchise collector and third parties, including but not limited to, persons other than the franchise collector who collect recyclable materials. The city manager shall issue a written decision within 20 business days of receipt of the appeal, unless the appli- cant agrees to an extension of time. The city manager's decision shall be final. (Ord. 1992 § I, 2009) (Pleasanton Stipp. No. 3, 1 -10