SECTION 113
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APPEALS
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113.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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113.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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113.3 Open hearing. All hearings before the Board
of Adjustment shall be open to the public. The appellant, the appellant's
representative, the code official and any person who has been called
as a witness or whose interests are affected shall be given an opportunity
to be heard.
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113.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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113.5 Postponed hearing. Either the appellant or
the appellant's representative shall have the right to request
a postponement of the hearing.
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113.6 Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
board members present.
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113.7 Records and copies.The decision of the board
shall be recorded. Copies shall be furnished to the appellant and
to the code official.
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113.8 Administration. The code official shall take
immediate action in accordance with the decision of the Board of Adjustment.
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113.9 Court review. Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the decision of the Board of Adjustment.
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113.10 Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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SECTION R112
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APPEALS
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R112.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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R-112.1(a) Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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R112.1(b) Open hearing. All hearings before the
Board of Adjustment shall be open to the public. The appellant, the
appellant's representative, the code official and any person
who has been called as a witness or whose interests are affected shall
be given an opportunity to be heard.
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R112.1(c) Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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R112.1(d) Postponed hearing. Either the appellant
or the appellant's representative shall have the right to request
a postponement of the hearing.
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R112.1(e) Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
board members present.
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R112.1(f) Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
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R112.1(g) Administration. The code official shall
take immediate action in accordance with the decision of the Board
of Adjustment.
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R112.1(h) Court review. Any person, whether or
not a previous party of the appeal, shall have the right to apply
to the appropriate court for a writ of certiorari to correct errors
of law. Application for review shall be made in the manner and time
required by law following the decision of the Board of Adjustment.
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R112.1(i) Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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SECTION 114
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APPEALS
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114.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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114.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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114.3 Open hearing. All hearings before the Board
of Adjustment shall be open to the public. The appellant, the appellant's
representative, the code official and any person who has been called
as a witness or whose interests are affected shall be given an opportunity
to be heard.
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114.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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114.5 Postponed hearing. Either the appellant or
the appellant's representative shall have the right to request
a postponement of the hearing.
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114.6 Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
board members present.
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114.7 Records and copies. The decision of the board
shall be recorded. Copies shall be furnished to the appellant and
to the code official.
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114.8 Administration. The code official shall take
immediate action in accordance with the decision of the Board of Adjustment.
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114.9 Court review. Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the decision of the Board of Adjustment.
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114.10. Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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SECTION 114
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APPEALS
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114.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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114.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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114.3 Open hearing. All hearings before the Board
of Adjustment shall be open to the public. The appellant, the applicant's
representative, the code official and any person who has been called
as a witness or whose interests are affected shall be given an opportunity
to be heard.
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114.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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114.5 Postponed hearing. Either the appellant or
the appellant's representative shall have the right to request
a postponement of the hearing.
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114.6 Board decision. After hearing the evidence
provided at the hearing the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
board members present.
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114.7 Records and copies. The decision of the board
shall be recorded. Copies shall be furnished to the appellant and
to the code official.
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114.8 Administration. The code official shall take
immediate action in accordance with the decision of the Board of Adjustment.
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114.9 Court review. Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the decision of the Board of Adjustment.
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114.10 Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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SECTIONS 113 and 114 (IFGC)
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APPEALS
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113/114.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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113/114.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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113/114.3 Open hearing. All hearings before the
Board of Adjustment shall be open to the public. The appellant, the
appellant's representative, the code official and any person
who has been called as a witness or whose interests are affected shall
be given an opportunity to be heard.
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113/114.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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113/114.5 Postponed hearing. Either the appellant
or the appellant's representative shall have the right to request
a postponement of the hearing.
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113/114.6 Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
of board members present.
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113/114.7 Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
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113/114.8 Administration. The code official shall
take immediate action in accordance with the decision of the Board
of Adjustment.
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113/114.9 Court review. Any person, whether or
not a previous party of the appeal, shall have the right to apply
to the appropriate court for a writ of certiorari to correct errors
of law. Application for review shall be made in the manner and time
required by law following the decision of the Board of Adjustment.
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113/114.10 Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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C104.2 Schedule of permit fees. The fees shall
be calculated in accordance with the current permit fee schedule as
adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
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and
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R104.2 Schedule of permit fees. The fees shall
be calculated in accordance with the current permit fee schedule as
adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
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SECTION C110 and R110
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APPEALS
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C110.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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C110.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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C110.3 Open hearing. All hearings before the Board
of Adjustment shall be open to the public. The appellant, the appellant's
representative, the code official and any person who has been called
as a witness or whose interests are affected shall be given an opportunity
to be heard.
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C110.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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C110.5 Postponed hearing. Either the appellant
or the appellant's representative shall have the right to request
a postponement of the hearing.
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C110.6 Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
of board members present.
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C110.7 Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
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C110.8 Administration. The code official shall
take immediate action in accordance with the decision of the Board
of Adjustment.
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C110.9 Court review. Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the decision of the Board of Adjustment.
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C110.10 Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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SECTION 112
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APPEALS
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112.1 Application for appeal. Any person directly
affected by a decision of the code official or a notice or order issued
under this code shall have the right to appeal to the Board of Adjustment
of the Town of Elsmere, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted or the provisions of this code do
not fully apply. Additionally, an application for appeal may be based
on a claim that an action other than what is required by the code:
1) provides the same or better protections than what the code requires;
and 2) will not cost the Town of Elsmere any more money than enforcing
the code as written. If the appellant proves that an action other
than what is required by the code meets these two requirements, the
Board of Adjustment may, in its discretion, either enforce the code
as written or permit the proposed alternative action.
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112.2 Notice of meeting. The Board of Adjustment
shall meet upon notice from the chairman, and conduct the appeal hearing
within 20 days of the filing of an appeal.
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112.3 Open hearing. All hearing before the Board
of Adjustment shall be open to the public. The appellant, the appellant's
representative, the code official and any person who has been called
as a witness or whose interests are affected shall be given an opportunity
to be heard.
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112.4 Procedure. The Board of Adjustment shall
set and make available the procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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112.5 Postponed hearing. Either the appellant or
the appellant's representative shall have the right to request
a postponement of the hearing.
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112.6 Board decision. After hearing the evidence
provided at the hearing, the Board of Adjustment shall modify or reverse
the decision of the code official only by a concurring vote of a majority
board members present.
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112.7 Records and copies. The decision of the board
shall be recorded. Copies shall be furnished to the appellant and
to the code official.
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112.8 Administration. The code official shall take
immediate action in accordance with the decision of the Board of Adjustment.
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112.9 Court review. Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the decision of the Board of Adjustment.
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112.10 Stays of enforcement. Appeals of notice
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by the Board of
Adjustment.
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