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(A) An appeal of the city’s order to comply may be filed with the Building Board of Appeals in writing no later than 30 days from the date of the city’s order.
(B) Upon a timely filing of a notice of appeal to the Building Board of Appeals, the Board shall set a hearing date to review the order of the city. This hearing date shall be on a date not less than five days nor more than 30 days from the date of the notice of appeal. The hearing before the Board shall be informal. The city shall present information which it believes shows a violation of this chapter and the appellant shall be given the opportunity to respond. The Building Board of Appeals shall issue its decision and order within ten days of the date of the hearing.
(C) The Building Board of Appeals may affirm, modify, rescind or delay the compliance order, if any one or more of the following criteria are met:
(1) Owing to exceptional and extraordinary circumstances, literal enforcement of these regulations will result in extreme hardship. Such circumstances may include, but are not limited to, structural conditions which would impose extraordinary costs in order to comply with the provisions of these regulations;
(2) Compliance with the requirements of these regulations would create a threat to the health and safety of a homeowner or occupant; and/or
(3) There is imminent planned termination of operations or replacement of a noncomplying solid fuel-burning device with an approved device.
(D) The order of the Building Board of Appeals shall determine whether the ordinance was violated and shall state the time for compliance with the order.
(1976 Code, § 9-5-9) (Ord. 299-94, passed 6-23-1994)