Whenever the literal application of the requirements of this chapter
would appear to cause undue hardship on an owner or tenant or when it is claimed
that the true intent and meaning of this chapter or of any regulation therein
has been misconstrued or wrongly interpreted, the owner of such building or
structure or his duly authorized agent may appeal the decision of the Building
Inspector to the Board of Adjustments and Appeals as set forth herein.
Any person receiving written notice from the Building Inspector of deficiencies
regarding his property under this chapter may, within 30 days following the
date such notice is received by the property owner, file an appeal in writing
with the Board of Adjustments and Appeals. Such appeal shall state the location
of the property, the date of the notice of the violations, the number of the
violations and the date the notice was received. The applicant must state
the variance or modification requested, the reasons therefor and the hardship
or conditions upon which the appeal is based. An appeal pursuant to this section
shall stay the effect of the notice of violation or condemnation and all proceedings
in furtherance of the action appealed from pending the decision of the Board
of Adjustments and Appeals. Any appeal to the Superior Court of the State
of Delaware, in and for Sussex County, by a person aggrieved by a decision
of the Board of Adjustments and Appeals shall be made in the manner provided
for appeals from administrative decisions.
The Board of Adjustments and Appeals shall hear all appeals relative
to the enforcement of this code within its jurisdiction within a reasonable
time after the filing of an appeal and by a concurring vote of a majority
of all the members of the Board of Adjustments and Appeals may reverse or
affirm, wholly or partly, or may modify the action appealed from and shall
make such other order or determination as is determined just. Failure to secure
such concurring vote shall be deemed a confirmation of the decision of the
Building Inspector. No member of the Board of Adjustments and Appeals shall
participate in any hearing or vote on any appeal in which that member has
a direct or indirect financial interest.