(A) Within 14 days of the date of receipt of notice of a violation, the person may request a hearing before the Board of Zoning Appeal by filling a written request with the Village Administrator or Zoning Administrator. The appeal shall be heard at the next regularly scheduled meeting of the Board of Zoning Appeals, allowing at least ten days’ notice to the party and the Village Administrator or Zoning Administrator. 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, and such order shall be a final order as to these administrative proceedings.
(B) The Board of Zoning Appeals shall consider the following in determining appropriate action to be taken, to wit:
(l) That any modifications or the original order of the Village Administrator or Zoning Administrator 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) That strict enforcement would constitute an undue and unnecessary hardship on the owner, manager, or resident, by reason of compelling an expenditure for repair of the premises which would substantially disproportionate to any benefit to the health, safety, or welfare of the community that might be derived there from.
(Ord. 04-06-01, passed 7-6-04; Am. Ord. 10-09-04, passed 10-5-10)