(a) Within ten days of the date of service of notice, any person directly affected by the notice may request a hearing thereon before the Board of Zoning Appeals by filing a written request with the Zoning Inspector or other responsible official. The Chairperson of the Board of Zoning Appeals, upon receipt of the request, shall set the matter down for hearing at the next regularly scheduled meeting of the Board of Zoning Appeals, allowing at least ten days notice to the party and the Zoning Inspector or other responsible official. The Board of Zoning Appeals may sustain, modify or dismiss, in whole or in part, any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations. The Board of Zoning Appeals may, as a part of its order and decision, attach conditions and require, as part of its order and decision, the performance by the appellant of the conditions which the Board of Zoning Appeals has determined appropriate and reasonable, taking into account the purposes and intentions of this chapter. Such order shall be a final order as to these administrative proceedings from which either the applicant or the City of Kirtland may appeal to a court of competent jurisdiction.
(b) The Board of Zoning Appeals shall consider the following in determining appropriate action to be taken, to wit:
(1) That any modification of the original order of the Zoning Inspector or other responsible official shall not, in any material way, alter the standards of this chapter and shall not affect detrimentally the health or safety of occupants, or the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and
(2) Whether the appellant has demonstrated by clear and convincing evidence that strict enforcement would constitute an undue and unnecessary hardship on the owner, occupant, manager or resident, by reason of compelling an expenditure for repair of the premises which would be substantially disproportionate to any benefit to the health, safety or welfare of the community that might be derived therefrom.
(c) No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, manager or resident from complying with any such other provision, nor any official of the city from enforcing any such other provision.
(Ord. 04-O-25, passed 6-7-2004)