945.09 RIGHT OF APPEAL.
   (a)   Upon notice of violation of this chapter from the Building Commissioner, the owner or other person having charge of the land may appeal such violation to the Board of Zoning Appeals, pursuant to Section 1379.08 of the Building Code, and as further modified herein.
   (b)   Where the notice contains a violation of Chapter 945, and the owner, lessee, agent or tenant having charge of the lands mentioned in Section 945.01 fails to comply with the notice within the time prescribed in such notice, the Building Commissioner or the Director of Public Service may authorize the immediate destruction of noxious weeds or the immediate abatement of the nuisance by the City notwithstanding the pendency of an appeal of such order/notice to the Board of Zoning Appeals. If, as a result of such appeal, the Board overturns the order of the Building Commissioner or the Director of Public Service, then the owner shall not be obligated to pay to the City its costs in either destroying the noxious weeds or in abating the nuisance. (Ord. 2004-067. Passed 6-15-04.)