(a) Any entity receiving a notice of violation may appeal the determination of violation to the effect that a notice of violation or order served in accordance with this Article is in error, or should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works for rescission of the notice or order, or for a modification, variance, or extension of time for compliance.
(b) A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller’s Office, to be placed on the Board of Public Works and Safety agenda, within ten days of the appellant’s receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request.
(c) All hearings before the Board of Public Works and Safety shall be open to the public. The appellant, the appellant's representative, and any persons whose interests are affected shall be given an opportunity to be heard.
(d) Prior to ruling on an appeal, the Board of Public Works and Safety shall make the following findings:
(1) The violator was served with a notice or order.
(2) The notice or order that was served stated the specific nature of the violation; corrective action to be taken to abate the violation; and a specific time period for abatement of violation.
(3) Within the time period stipulated by the notice or order, the violator failed to comply by not abating the violation, and/or not bringing into compliance with this Article.
(4) Upon expiration of the date indicated for compliance in the notice or order, the premises was being maintained in violation of specific provisions of this Article and/or conditions imposed by Board of Public Works and Safety as a prerequisite to the modification of a previous compliance order.
(5) Determination that a violation exists on the premises.
(e) At the conclusion of the hearing at which a continuance is not granted, the Board of Public Works and Safety may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Board's determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Article.
(f) Any entity, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(g) Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works and Safety hears rules on the appeal.
(Ord. D-1794-06, 2-6-06; Ord. D-2505-19, 12-16-19)