(A) The Overall Code Review Commission as established in Ordinance 80-707 shall hereby be authorized to hear and decide on all requests for variances of the requirements of this subchapter. Furthermore, the Overall Code Review Commission is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the inspections office in the enforcement of this subchapter.
(B) Any person aggrieved may take an appeal to the Overall Code Review Commission from any decision or notice given by the Inspector issued pursuant to the provisions of this subchapter.
(C) An appeal may be taken within 15 business days from the date of the decision appealed from by filing with the Inspector and with the Overall Code Review Commission a notice of appeal, specifying the grounds thereof. The Inspector shall forthwith transmit to the Overall Code Review Commission all the papers upon which the action appealed was taken.
(D) The Overall Code Review Commission shall, in every case, hold a hearing and reach a decision without unreasonable or unnecessary delay. Every decision of the Overall Code Review Commission shall be in writing and shall be promptly filed in the office of the Inspector. A copy of the decision shall be sent by mail or otherwise to the person appealing, and to all members of the City Council. All decisions shall require an affirmative vote of a majority of the quorum then present of the Overall Code Review Commission. If a decision of the Overall Code Review Commission reverses the order of the Inspector, he or she shall take action immediately in accordance with the decision.
(E) The Overall Code Review Commission, when so appealed to, and after a public hearing, may vary the application of any provision of this subchapter to any particular case when, in its opinion, the enforcement thereof would result in practical difficulty or unnecessary hardship; provided, that the spirit of this subchapter will be observed, public health and welfare secured, and substantial justice done. The Overall Code Review Commission may also extend for a reasonable period the time specified for compliance where conditions exist that would create a hardship, and that the extension will not create or continue a health hazard to surrounding territory.
(F) A decision of the Overall Code Review Commission to vary the application of any provision of this subchapter, or to modify an order of the Inspector, shall specify in what manner the variation or modification is made, the conditions upon which it is made and the reasons therefor.
(G) The proceedings at the hearings, including the findings and decisions of the Overall Code Review Commission and the reasons therefor shall be summarized and reduced to writing and entered as a matter of public record in the office of the Inspector. The record shall also include a copy of every notice and order issued in connection with the matter. Any person aggrieved by a decision of the Overall Code Review Commission may, within ten business days of the receipt of notice of the decision, file a request in writing with the Inspector that he or she transmit a copy of the Overall Code Review Commission’s findings and decision to the City Council, which the Inspector shall do forthwith. The report shall act as the recommendation of the Overall Code Review Commission to the City Council; and the Council may concur with, reject or modify the recommendation. In the event no written notice is filed with the Inspector within the time above specified, the decision of the Overall Code Review Commission shall be final.
(1990 Code, § 6-264) (Ord. 63-722, passed 7-29-1963; Ord. 84-930, passed 2-6-1984; Ord. 18-3568, passed 6-18-2018)
Cross-reference:
Overall Code Review Commission, see Ch. 33 of this code