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1988_Ordinances
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1988_Ordinances
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• Sec. 5-39. Appeal to Building Code Board of Appeals. <br />(a) Any person aggrieved by the decision of the enforcing <br />officer which has been rendered in accord with the above <br />provisions shall have the right of appeal to the Building Code <br />Board of Appeals established by section 5-14 of this chapter, <br />whose jurisdiction is hereby enlarged to include appeals from <br />final orders of condemnation under this article. <br />(b) Notice of appeal shall be in writing and filed with the <br />building official within ten (10) days after entry of a final <br />order of the enforcing officer pursuant to section 5-38 above. <br />(c) Any such appeal which is timely filed shall be <br />scheduled within ten (10) days of its receipt for prompt hearing <br />before the Building Code Board of Appeals. <br />(d) A decision shall be rendered within fourteen (14) days <br />after hearing by the board and shall be final. <br />Sec. 5-40. Variations and modifications by board. <br />(a) Upon hearing a proper appeal from a final order of <br />condemnation, the Building Code Board of Appeals may vary the <br />application of any provision of this chapter to any particular <br />• case when, in its opinion, the enforcement thereof would do <br />manifest injustice and be contrary to the spirit and purpose of <br />this chapter or the public interest or when, in its opinion, the <br />interpretation of the enforcing officer should be modified or <br />reversed. <br />(b) A decision by such board to vary the application of any <br />provision of this chapter or to modify a final condemnation order <br />of the enforcing officer shall specify in what manner such <br />variation or modification is made, the conditions upon which it <br />is made and the reasons therefor. <br />(c) In any case in which the board modifies or varies the <br />order of the enforcing officer by extending the time for <br />compliance therewith, the board shall estimate the cost of <br />compliance and require the violator to furnish a bond in like <br />manner as provided in section 5-38 above. <br />(d) Every decision of the board on appeal from a final <br />condemnation order shall be final, subject to such remedy as any <br />aggrieved party might have at law or in equity. Every such <br />decision shall be in writing and shall indicate the vote upon the <br />decision. Every such decision shall be filed promptly in the <br />office of the enforcing officer, after which it shall be in full <br />force and effect. It shall thereafter be open to public <br />inspection and a certified copy shall be sent promptly by mail or <br />• other reliable means to the appellant. <br />Z1. <br />
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