1974 ORDINANCES - Laserfiche WebLink

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THE CITY ATTORNEY IS AUTHORIZED TO ACCEPT INSTEAD OF CORPRATE SURETY, A LETTER OF CREDIT, JOINT SAVINGS ACCOUNT, ESCROW AGREEMENT, OR WHERE THE VALUE OF SUCH IMPROVEMENTS AND REPAIRS DOES NOT EXCEED $500, A CERTIFIED CHECK OR OTHER PLEDGE OR DEPOSIT OF COLLATERAL WHICH THE CITY ATTORNEY MAY CONSIDER SATISFACTORY TO INSURE COMPLIANCE. • SECTION 15.1-3.2. APPEAL OR ORDER OF ENFORCING OFFICER. (A) ANY PERSON AGGRIEVED BY THE DECISION OF THE ENFORCING OFFICER WHICH HAS BEEN RENDERED IN ACCORD WITH THE ABOVE PROVISIONS SHALL HAVE THE RIGHT OF APPEAL TO THE HOUSING BOARD OF APPEALS. (B) NOTICE OF APPEAL SHALL BE IN WRITING AND FILED WITH THE ENFORCING OFFICER WITHIN TEN DAYS AFTER ENTRY OF A FINAL ORDER OF THE ENFORCING OFFICER PURSUANT TO §15.1-3.1. (C) ANY APPEAL WHICH IS FILED WITH THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS MUST BE HEARD BY THE BOARD WITHIN TEN DAYS OF ITS RECEIPT. (D) A DECISION MUST BE RENDERED IN NO LONGER THAN TWENTY-ONE DAYS AFTER HEARING THE APPEAL. SECTION 15.1-3.3. VARIATIONS AND MODIFICATIONS. (A) THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS, WHEN SO APPEALED TO AND AFTER A HEARING WITHIN • TEN DAYS OF THE APPEAL, MAY VARY THE APPLICATION OF ANY PROVISION OF THIS CHAPTER TO ANY PARTICULAR CASE, WHEN IN ITS OPINION, THE ENFORCEMENT, THEREOF WOULD DO MANIFEST INJUSTICE, AND BE CONTRARY TO THE SPIRIT AND PURPOSE OF THIS CHAPTER OR PUBLIC INTEREST, OR WHEN, IN ITS OPINION THE INTERPRETATION OF THE ENFORCING OFFICER SHOULD BE MODIFIED OR REVERSED. (B) A DECISION OF THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS TO VARY THE APPLICATION OF ANY PROVISION OF THIS CHAPTER OR TO MODIFY AN ORDER OF THE ENFORCING OFFICER SHALL SPECIFY IN WHAT MANNER SUCH VARIATION OR MODIFICATION IS MADE, THE CONDITIONS UPON WHICH IT IS MADE AND THE REASONS THEREFOR. (C) IN ANY CASE IN WHICH THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS MODIFIES OR VARIES THE ORDER OF THE ENFORCING OFFICER BY EXTENDING THE TIME FOR COMPLIANCE THEREWITH, THE BOARD SHALL ESTIMATE THE COST OF REPAIRS OR IMPROVEMENTS AND REQUIRE THE VIOLATOR TO FURNISH A BOND AS IN LIKE MANNER AS PROVIDED IN §15.1-3 (D). (D) EVERY DECISION OF THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS SHALL BE FINAL; SUBJECT, HOWEVER, TO SUCH REMEDY AS ANY AGGRIEVED PARTY MIGHT HAVE A LAW OR IN EQUITY. EVERY SUCH DECISION SHALL BE IN WRITING AND SHALL INDICATE THE VOTE UPON THE DECISION. EVERY DECISION SHALL BE PROMPTLY FILED IN THE OFFICE OF THE ENFORCING OFFICER AND SHALL BE OPEN TO PUBLIC INSPECTION. A CERTIFIED COPY SHALL BE SENT BY MAIL OR OTHERWISE TO THE APPELLANT AND A COPY SHALL BE KEPT POSTED IN THE OFFICE OF THE ENFORCING OFFICER FOR TWO WEEKS AFTER FILING. SECTION 15.1-7.1. FAILURE TO COMPLY WITH ORDER OF ENFORCING OFFICER. • FAILURE TO COMPLY WITH THE FINAL ORDER OF THE ENFORCING OFFICER OR OF THE HOUSING BOARD OF ADJUSTMENTS AND APPEALS AFTER ALL RIGHTS OF APPEAL HAVE BEEN EXHAUSTED OR WAIVED SHALL CONSTITUTE A MISDEMEANOR PUNISHABLE AS PROVIDED IN §1-5 OF THIS CODE. THE PENALTIES PROVIDED THEREUNDER SHALL BE IN ADDITION TO AND NOT IN LIEU OF, ANY FOREFEITURE OF PERFORMANCE BOND POSTED TO GUARANTEE COMPLIANCE WITH SUCH ORDER. F� •