[Ord. of 12-3-1962, § 310.1; Ord. of 7-17-1972; Ord. of 10-17-1977, § 1, 2; Ord. of 12-19-1983, § 35]
Any person affected by any notice of violation, issued in connection with the enforcement of any provisions of this Chapter or of any rule or regulations adopted pursuant thereto, may request and shall be granted a hearing before a hearing officer to be appointed by the City Administrator, provided that such person shall file within 10 days of the service of the notice of violation pursuant to Section 12-34, in the office of the Building Inspector, 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upon whom orders may be served, and setting forth the reasons why such notice of violation should be modified or withdrawn, on a form as provided by the Code Enforcement Department. If this request is filed within such ten-day period, compliance with such notice shall not be required while the hearing is pending. The hearing officer appointed by the City Administrator shall not be any member of the staff of the Code Enforcement Department.
[Ord. of 10-17-1977, § 3; Ord. of 12-19-1983, § 35]
Upon receipt of a request for a hearing as provided in Section 12-50, the Building Inspector shall set a time and 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or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. The applicant shall be entitled to be represented by legal counsel of his choosing at such hearing and to cross-examine all witnesses against him.
[Ord. of 10-17-1977, § 4]
After a hearing held in accordance with Section 12-50.1 and on consideration of the evidence presented, the hearing officer 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 Section 12-34 of this Code of Ordinances. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of Sections 12-50 through 12-50.3, the hearing officer shall have the power to authorize a variance from the provisions of Sections 12-50 through 12-50.3, provided that the intent of the said sections shall be observed, with respect to the safeguarding of public health, safety, morals or welfare.
[Ord. of 10-17-1977, § 5]
The hearing officer shall keep a written summary of testimony and a copy of every notice or order, records of appearances, findings of fact and final determination, and such record shall be maintained as a public record. Stenographic minutes of every hearing shall be made and filed in the offices of the Code Enforcement Department. Such minutes shall be made available to any person requesting the same upon payment of a reasonable charge for copying pursuant to law. A copy to be furnished to appellant upon request, free of charge.
[Ord. of 12-3-1982, § 310.2; Ord. of 7-17-1972; Ord. of 2-19-1980, § 1]
Any person or party aggrieved by any order of the hearing officer may seek to have such order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules of the State of New York.