(a) Any person affected by any notice and order issued in connection with the enforcement of any of the provisions of this Code may request and shall be granted a hearing of the matter before the Board of Zoning Appeals. Such person shall file in the office of the Zoning Inspector a written request for such hearing and set forth the name, address and phone number of the appellant and a brief statement of the grounds for such hearing and appeal from any notice or order of the Zoning Inspector.
(b) Requests shall be filed within ten days after the notice and order is served. Upon receipt of such request the Zoning Inspector shall set a time and place for such hearing before the Board and shall give the appellant written notice thereof at least fifteen days prior to said hearing date. The hearing shall be held within forty-five days after a request has been filed.
(c) At any hearing of the Board the appellant shall be given an opportunity to be heard and to show cause why such notice and order should be modified or dismissed. The failure of the appellant or a designated representative to appear and present the appellant’s position at such hearing shall be grounds for dismissal of such request.
(d) Upon hearing, the Board may affirm, amend, modify or withdraw any notice and order. The appellant and the Zoning Inspector shall be notified in writing of such findings.
(e) The proceedings at any hearing, including the findings and decision of the Board and reason therefor, shall be summarized in writing and entered as a matter of public record in the Office of the Zoning Inspector. Such record shall also include a copy of every notice and order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State.
(Ord. 2004-3325. Passed 4-1-04.)
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