(A) Appeal to Town Board. Any person aggrieved by a determination of the Town Marshal to the effect that a notice of violation or order served is in error or should, due to hardship, be modified or be entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Town Council for rescission of the notice or order, or for a modification, variance or extension of time for compliance.
(B) Procedure and hearing. A request for rescission, modification, variance or extension of time shall be made in writing to the Town Clerk-Treasurer, to be placed on the Town Council agenda within ten days of the petitioner’s receipt of a copy of the notice or order. The Town Council shall schedule a hearing within 30 days of receipt of the request.
(C) Open hearing. All hearings before the Town Council shall be open to the public. The petitioner, the petitioner’s representative, the official who issued the violation and any persons whose interests are affected shall be given an opportunity to be heard.
(D) Findings. Prior to ruling on an appeal, the Town Council shall make the following findings:
(1) The violator was served with a notice of violation;
(2) The notice of correction order that was served stated the specific nature of the violation, corrective action needed to be taken to abate the violation, a sufficient description of the real estate upon which the violations exist and a specific time period for abatement of violation;
(3) Within the time period stipulated by the notice of correction order, the violator failed to comply with the correction order by not abating the violation and/or not bringing the property into compliance with the code;
(4) Upon expiration of the date indicated for compliance in the correction order, the premises or structure was being maintained in violation of specific provisions of law and/or conditions imposed by the Town Council as a prerequisite to the modification of a previous compliance order; and
(5) Determination that a violation exists on the property.
(E) Board decision. At the conclusion of a hearing at which a continuance is not granted, the Town Council may reverse, affirm or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Town Council’s determination and findings of fact shall be recorded in the Town Council’s minutes, and if a notice or order is affirmed or modified, the Town Council shall, in the determination on appeal, reestablish a reasonable time line to make the repairs and improvements required to bring the dwelling unit, structure or improvement into compliance with the provisions of this subchapter.
(F) Court review. Any interested person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(G) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works and Safety rules on the appeal.
(Ord. 4-2019, passed 5-7-2019)