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(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)
(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)
(A) Amendments. The city and its officials may initiate amendments to this code. Amendments or changes to this code must be submitted for review and recommendation to the City of Albemarle Planning Board. The City of Albemarle City Council must hold a public hearing with a minimum of ten day notice in the newspaper prior to authorizing any change.
(B) Severability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Code.
(C) Conflict. In the event of conflict within this Code, or of conflict with other codes of the City of Albemarle, then the more restrictive shall apply. Interpretation hereof shall be the duty of the Code Enforcement Officer.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)