§ 152.67 APPEALS.
   (A)   Within 30 days following receipt of a notice of violation, any person receiving the notice, believing that the literal application of this chapter will cause undue hardship or has been misconstrued, wrongly interpreted or applied, may appeal in writing to the Board of Adjustments and Appeals for the relief as may be granted, after investigation of the grounds thereof, by way of a reasonable extension of time or a variation from strict compliance with the provisions of this chapter. The circumstances justifying the findings related to hardship are:
      (1)   Inability to immediately comply due to severe financial distress;
      (2)   The unavailability of services or equipment with which to comply, without fault of the applicant; and/or
      (3)   Other extenuating circumstances showing a good faith intention on the part of the applicant or another to comply when able to do so.
   (B)   The appeal shall be on a form provided by, and shall be addressed to the Office of the Commercial Maintenance Code Administrator, where proper forms will be prepared and forwarded to the Chairman of the Board of Adjustments and Appeals, who will set the date and time of hearing and so notify the applicant. This section shall not be construed to apply to any situation regarded by the enforcement authority as a real and immediate threat to public safety and health. Any person aggrieved by the decision of the Board may petition any court of competent jurisdiction within the county. Any appeal of this sort must be filed with the court within 15 days from the date of the Board's decision or it shall be considered abandoned.
(`94 Code, § 4-93) (Ord. passed 8-9-88)
   (C)   To defray the cost of processing an appeal fees to be set by the Board in the annual budget ordinance shall be required. All fees are payable to the town and must be paid prior to processing the appeal.
(`94 Code, § 4-94) (Ord. passed 8-9-88)