[Ord. No. 74, 5-7-2008]
Any person affected by any notice of violation issued in connection
with the enforcement of any provision of this chapter or of any rule
or regulation adopted pursuant to this chapter, may request and shall
be granted a hearing before the head of the code enforcement agency,
provided that the person shall file a written request within 10 days
of service of the notice and order. Said request shall be filed in
the office of the head of the code enforcement agency and shall set
forth a brief written statement of the grounds for the hearing; designate
the person, and the person's address upon whom orders may be served;
and set forth the reasons why the notice of violation should be modified
or withdrawn. Compliance with the notice shall not be required while
the hearing is pending.
[Ord. No. 74, 5-7-2008]
Upon receipt of a request for a hearing as provided in Section
2-6-46, the head of the code enforcement agency shall set a time and a place for the hearing and shall give the applicant for the hearing reasonable written notice of the hearing. The hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond the thirty-day period for good and sufficient reason. At the hearing, the applicant or the applicant's representative, shall be given an opportunity to show cause why the notice of violation should be modified or withdrawn.
[Ord. No. 74, 5-7-2008]
After a hearing held in accordance with this division and on consideration of the evidence presented, the head of the code enforcement agency shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, the decision shall be deemed a final order and shall be served as provided in Section
2-6-30 on the person who the head of the code enforcement agency shall find to be responsible for the violation. Where practical difficulties or unreasonable hardships exist in the literal enforcement of the provisions of this chapter, the head of the code enforcement agency may authorize a variance from the provisions of this chapter, provided that the intent of this chapter shall be observed for safeguarding the public health, safety, morals or welfare.
[Ord. No. 74, 5-7-2008]
The head of the code enforcement agency shall keep a summary
of testimony and a copy of every relevant notice or order, the request
for a hearing, entries of appearance, findings of fact, if any, and
the final determination, and the record shall be maintained as a public
record.
[Ord. No. 74, 5-7-2008]
Any person aggrieved by any final order of the head of the code
enforcement agency may seek to have the order reviewed by the Supreme
Court in the manner prescribed by Article 78 (§ 7801 et
seq.) of the Civil Practice Law and Rules and as otherwise provided
for in state law.