[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the Director of the Department of Housing Services, provided that such person shall file in the office of the Director a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within 10 days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending.
[Amended 6-10-1975 by Ord. No. MC 2451]
A. 
Upon receipt of a request for a hearing as provided in § 460-51, the Director of the Department of Housing Services shall set a time and place for such hearing and shall give the applicant at least five days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
After a hearing held in accordance with § 460-51 and on consideration of the evidence presented, the Director shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 460-40 on the person or persons whom the head of the code enforcement agency shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Director shall have the power to authorize a variance from the provisions of this chapter; provided that the intent of the chapter shall be observed with respect to the safeguarding of public health, safety, morals or welfare.
[Amended 6-10-1975 by Ord. No. 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of the Department of Housing Services shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact, if any, and the final determination, and such record shall be maintained as a public record.