(2) Following the posting of notice as provided in division (C) below, the landlord shall submit the petition for a modified security plan to the Commissioner of the Inspectional Services Department for approval. The Commissioner shall notify all affected parties of the date of the hearing on the petition. Such hearing shall take place within 30 days of the Commissioner’s receipt of the petition, and notice of the hearing date shall be given to all parties at least ten days in advance of the hearing date. Notice of the hearing date shall be given to any tenants organization which exists in the development and shall be posted by the landlord at the development in a conspicuous location. At the hearing, the landlord and the tenants shall be given an opportunity to be heard, to present witnesses or to submit documentary evidence, as to why the petition should be approved or modified.
(3) If a landlord submits a petition for a modified security plan, the landlord shall have the burden to show how any of the specific security measures recommended in the crime prevention survey are unnecessary, or, given the fiscal or contracting constraints particular to the development, how changes are needed in the method or timetable for implementation of security measures. In the event that a party claims that the costs of the additional security measures are cost-prohibitive, the landlord shall state what the estimated costs of the security measures are. In such cases, the landlord shall also substantiate his or her current and projected operating expenses and revenues, and shall show what efforts he or she has made to otherwise cover the costs, as provided in Subsection 9-11.5.
(4) Following the hearing, if the Commissioner of the Inspectional Services Department finds that: