(A) Appeals. Within 30 days following receipt of an order from the Code Enforcement Officer any person receiving such order, believing that the literal application of this Code will cause undue hardship or has been misconstrued, wrongly interpreted or applied, may appeal in writing to the City of Albemarle Planning and Zoning Board for such relief as may be granted, after investigation of the grounds thereof, by way of a reasonable extension of time or a variation from strict compliance with the provisions of this Code. The circumstances justifying such findings related to hardship are:
(1) Inability to comply within the time period provided in this Code due to clearly documented severe financial distress;
(2) The clear and significant non-availability of services or equipment with which to comply, without fault of the applicant; or
(3) Other extenuating circumstances showing a good faith intention on the part of the applicant or another to comply when able to do so.
(B) Such appeal shall be addressed to the office of the Code Enforcement Officer where proper forms will be prepared and forwarded to the Chairman of the Planning and Zoning Board who will set the date and time of hearing and so notify the applicant. This section shall not be construed to apply to any situation regarded by the enforcement authority as a real and immediate threat to public safety and health. Any person aggrieved by the decision of said Planning and Zoning Board may petition any court of competent jurisdiction. Any such appeal must be filed with said Court within 30 days from the date of the Board's decision or it shall be considered abandoned.
(C) Fee for appeal. To defray the cost of processing an appeal to the Planning and Zoning Board a fee (as set by the City Council) shall be required. All fees are payable to the City of Albemarle and must be paid prior to processing the appeal.
(Ord. 20-01, passed 1-6-2; Am. Ord. 21-40, passed 9-7-21 0)