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 thereto may
request and shall be granted a hearing before the Code Enforcement
Officer, provided that such person shall file, in the office of the
Code Enforcement Officer, a written request for such hearing, setting
forth a brief statement of the grounds therefor, designating the person
and his address upon whom orders may be served and setting forth the
reasons why such notice of violation should be modified or withdrawn.
If this request is filed within 10 days after the service of notice
of violation, compliance with such notice shall not be required while
the hearing is pending.
Upon receipt of a request for a hearing as provided in § 176-12, the Code Enforcement Officer shall set a time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
[Amended 9-20-2022 by L.L. No. 6-2022]
There shall be a Board of Appeals for Building
of three members. The membership shall be comprised of the Chairman
of the Planning Board, the City Assessor and the Mayor of the City
of Hudson. The Board of Appeals for Building shall have the power
and the duty to review any appeals of any notice of violation issued
by the Code Enforcement Officer and to conduct hearings and to make
determinations as provided in this article. The powers and duties
of the Board of Appeals for Building may be exercised in accordance
with its own bylaws, rules of conduct and procedures adopted by said
Board.
After a hearing held in accordance with §§ 176-12 and 176-13 of this chapter and on consideration of the evidence presented, the Board of Appeals for Building shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 176-6 of this chapter on the person or persons whom the Board of Appeals for Building shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Board of Appeals for Building shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of the chapter shall be observed with respect to safeguarding of public health, safety, morals or welfare.
The Board of Appeals for Building 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 such record shall be maintained
as a public record.
