Any person aggrieved by a determination of the Code Enforcement Supervisor to the effect that a notice of violation or order served in accordance with Article IV is in error may appeal in accordance with the provisions of 19 NYCRR titled "Variance Procedures," which is administered by the Secretary of State. The City may not modify or otherwise alter any of the codes. Nothing herein shall prevent a request for a reasonable extension of time from the Code Enforcement Supervisor for compliance upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation. The grant of a reasonable extension of time shall be in the sole discretion of the Code Enforcement Supervisor.
A request for extension of time shall be made,
in writing, to the Code Enforcement Supervisor within 10 days of the
appellant's receipt of a copy of the notice or order. The Code Enforcement
Supervisor shall review the request and shall file his or her decision
within 10 days after the request.
Pending the determination of an appeal, all time lines for compliance with notices and orders issued under Article IV shall be tolled. If a notice or order is affirmed or modified, the Code Enforcement Supervisor shall, in the determination on appeal, establish a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of the applicable Code(s).
