(A) Establishment of appeals process. There is hereby established an "Appeals Process". All Commercial Maintenance Code appeals shall be heard by the City of Albemarle Planning and Zoning Board.
(B) Membership. Unless otherwise provided in this chapter, the Planning and Zoning Board shall be responsible for hearing all appeals to decisions reached by the Code Enforcement Officer concerning the Commercial Maintenance Code of the City of Albemarle.
(C) Procedures. Procedures, rules and processes established by the Planning and Zoning Board shall apply.
(D) Duties. The duties of the Planning and Zoning Board with respect to hearing appeals per this chapter shall be:
(1) To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly interpreted or applied by the Code Enforcement Officer or his representative.
(2) To consider the granting, in cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner or other party in interest, reasonable variances to the extensions of time not to exceed 12 months from date of such order. No subsequent appeal shall be considered where an appeal has been previously decided involving the same building or premises and the same citation, unless appellant can demonstrate to the satisfaction of the Planning and Zoning Board change in circumstances sufficient to justify re-opening the appeal.
(E) Decisions. All decisions of the Planning and Zoning Board which vary the application of any provision of this code or modified an order of the Code Enforcement Officer shall specify in the manner in which such variance or modification is to be made, the conditions under which it may be made and the reasons therefor. Every decision shall be in writing and a copy of all decisions shall be promptly
filed in the office of the Code Enforcement Officer and it shall be open to public inspection.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)