An owner, occupant, or agent of the owner, whose building has been inspected, may appeal any decision of the Chief Building Official or an inspector to the Administrative Hearings Officer for a hearing related to the notice of violation(s) and any correction order(s) contained therein. The Administrative Hearings Officer may grant a specific variance to any requirement of this article if the literal application of a requirement would result in practical difficulty for compliance with the particular section(s) at issue. No relief shall be granted if same would result in either the purpose or the intent of the particular section(s) at issue being abrogated. The appeal must be filed within seven (7) days of the receipt of the notice of violation. The filing of an appeal shall not stay application of the order issued until such time as the appeal is decided. An appeal hearing shall be held, and a decision rendered within a timely period of the appeal, which shall not exceed fourteen (14) days, unless both appellant and the City of Maumee agree in writing to extend the time for a hearing and decision. The Administrative Hearings Officer may attach in writing any conditions in connection with the granting relief that, in his or her judgment, are necessary to protect the health, safety and welfare of the people of the City of Maumee. In authorizing a variance, the Administrative Hearings Officer shall require such evidence as it may deem necessary to ensure that the purpose and intent of the particular section(s) at issue will be satisfied. In reviewing a request for relief, the Administrative Hearings Officer shall consider the following to determine whether practical difficulty exists:
(a) Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;
(b) Whether the exceptional or extraordinary conditions resulted from the action of the property owner;
(c) Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular section(s) at issue to be satisfied;
(d) Whether strict compliance with the ordinance requirements would be unreasonably burdensome on the property owner;
(e) Whether strict compliance with the ordinance requirements would cause a financial hardship for the property owner;
(f) Whether the granting of a variance would result in a substantial detriment to the property; and
(g) Whether the variance or relief requested is the minimum variance possible that would still allow the purpose and intent of the particular section(s) at issue to be met. (Ord. 002-2023. Passed 1-3-23.)