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 Urban Design Review Committee, provided that such person shall file, in
the office of the Hudson Community Development and Planning 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or withdrawn.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 § 295-4, the Executive Director of the Hudson Community Development and Planning Agency shall set a time and place for such a 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or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.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 §§ 295-3 and 295-4 of this chapter and on consideration of the evidence presented, the Urban Design Review Committee 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 upon the person requesting the hearing personally, by registered mail, return receipt requested, to the last known address or principal place of business of said person or persons whom the Urban Design Review Committee 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 Urban Design Review Committee 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 safeguarding the public health, safety, morals and welfare.
The Urban Design Review Committee 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.
