(A) Any person aggrieved by a notice of the town issued in connection with any alleged violation of this chapter, or of any applicable rule or regulation issued pursuant thereto, or by any order requiring or demolition may apply first to the town for an administrative conference for reconsideration of the notice or order provided the application is made within 30 days after the date the notice or order was issued. Within ten days after the filing of the application, the town shall notify the applicant of the date, place, and time of the administrative conference for reconsideration and the administrative conference for reconsideration shall be held not more than 15 days after the application is filed. Within seven days after the administrative conference for reconsideration is held, the town shall prepare a written summary of the conference and state the decision reached, which summary and statement shall become a part of the public record and a copy of which shall be mailed to the applicant by United States mail, first class, postage prepaid.
(B) Any person aggrieved by the decision reached by the town pursuant to division (A) above may apply to the Housing Code Appeals Board within 17 days after the date of the administrative conference for reconsideration.
(C) Within ten days after the filing of an appeal with the Housing Code Appeals Board, the Housing Code Appeals Board shall notify the appellant of the date, place, and time of the hearing of the appeal and the hearing shall be no more than 15 days after the appeal is filed. Within seven days after the appeal hearing, the Housing Code Appeals Board shall prepare a written summary of the appeal hearing and state the decision reached, which summary and statement shall become a part of the public record and a copy of which shall be mailed to the appellant by the United States mail, first class, postage prepaid.
(D) At a hearing, the applicant shall be given an opportunity to be heard and to show cause why the notice or order should be modified, extended, withdrawn, or a variance granted.
(E) The Housing Code Appeals Board, by a majority vote, may sustain, modify, or withdraw the notice or order. In granting an extension or variance of any notice or order, the Appeals Board shall observe the following conditions:
(1) The Housing Code Appeals Board may grant an extension of time for the compliance of any order or notice for not more than 18 months subject to appropriate conditions and provided that the Appeals Board makes specific findings of fact based on evidence relating to the following:
(a) There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
(b) An extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.
(2) The Housing Code Appeals Board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions and provided the Appeals Board makes specific findings of fact based on evidence related to the following:
(a) There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order;
(b) The effect of the application of the provisions would be arbitrary in the specific case;
(c) An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and
(d) Variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.
(1995 Code, § 151.096)