(A) Any appellant, the Building Commissioner and any other person whose interests may be affected by the appeal shall be given a fair opportunity to be heard, in person or by counsel, and to present written argument.
(B) The Building Appeals Board, after a hearing in the presence of the appellant and the Commissioner or their representatives, who have been given at least seven days notice in advance of such hearing, shall have the power to reverse or modify the order of the Commissioner, if it finds:
(1) That the order is contrary to this Building Code and any rule or regulation made thereunder or contrary to a fair interpretation or application thereof; or
(2) That a variance from the provisions of this Building Code or any rule or regulation made thereunder, in the specific case, will not be contrary to the public interest where a literal enforcement of such provisions will result in unnecessary hardship.
(C) A decision of the Board to vary the application of any of the provisions of this Building Code or to modify an order of the Commissioner shall specify the manner in which such variance or modification shall be made, the conditions upon which it is made and the reasons therefor.
(D) The Board shall, upon application from either the appellant or the Commissioner, grant a rehearing before the Board in any case where new evidence is presented which, in the opinion of the Chairman, justifies such rehearing. The rehearing shall not serve to stop execution of the previous decision of the Board pending the rehearing, unless the Board, by special action, so directs.
(Ord. 36-61. Passed 4-17-61.)