§ 95.34  FILING PROTESTS.
   (A)   The Board of Zoning Appeals shall hear and determine any protests filed by property owners or their agents as to sidewalk, reconstruction, or repair.
   (B)   If protests are filed prior to the doing of the work called for by the notice, the Board of Zoning Appeals shall have authority to modify, alter, or revoke any notice as to the amount or type of work required, or the time in which it must be completed, consistent with the city ordinances and the specifications regarding sidewalk construction, reconstruction, or repair.  The Board of Zoning Appeals shall also have the authority to waive strict compliance with those requirements where compliance would cause undue hardship, provided the waiver will not cause or continue a public nuisance or an unsafe condition.
   (C)   Any protests regarding sidewalk construction, reconstruction, or repairs shall be filed in writing with the Zoning Enforcement Officer (or designee), who shall notify the person filing the protest of the date and place of hearing before the Council.
(‘91 Code § 96.34)  (Ord. 2476, passed 6-16-83; Am. Ord. 09-3303, passed 8-6-09)