1042.26  HEARINGS.
   (a)   Before the Commissioner of Public Health and Safety. Any person affected by any order or notice issued by the Building Department, in connection with the enforcement of this chapter, may file in the office of the Building Department a written request for a hearing before the Commissioner of Public Health and Safety or his or her designated representative. The Commissioner shall hold a hearing at a time and place designated by him or her within thirty days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If, as a result of the hearing, the Commissioner finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Commissioner may modify or withdraw the order or notice and, as a condition of such action, may, where he or she deems it necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health. The Commissioner shall render a decision within ten days after the date of the hearing, which decision shall be reduced to writing and placed on file in the office of the Building Department as a matter of public record. Any person aggrieved by the decision of the Commissioner may seek relief therefrom through a hearing before Council.
   (b)   Before Council. Any person aggrieved by a decision of the Commissioner of Public Health and Safety or his or her designated representative rendered as the result of a hearing held in accordance with this section may file, in the office of the Building Department, a written request for a hearing, at a time and place designated by the Village Clerk, within thirty days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If, as a result of facts elicited as a result of the hearing, Council finds that strict compliance with the decision of the Commissioner would cause undue hardship on the petitioner and that the public health would be adequately protected and substantial justice done by granting a variance from the decision, Council may grant a variance and, as a condition of such variance, may, where it deems it necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health. Council shall render a decision within ten days after the date of the hearing, which decision shall be reduced to writing and placed on file in the office of the Building Department. A copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail.
(Ord. 1975-4. Passed 2-26-75; Ord. 1995-16.  Passed 5-22-95.)