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 head of the code enforcement agency, provided
that such person shall file, in the office of the head of the code
enforcement agency, 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reasons why such notice of violation should be modified or withdrawn.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.
Upon receipt of a request for a hearing as provided in § 190-28, the head of the code enforcement agency shall set a time and a place for such hearing and shall give the applicant at least 10 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or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
After a hearing held in accordance with §§ 190-28 and 190-29 of this chapter and on consideration of the evidence presented, the head of the code enforcement agency 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 § 190-16 of this chapter on the person 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 head of the code enforcement agency 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.
The head of the code enforcement agency 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.
