(A) Filing of petition for hearing. Any person aggrieved by a notice of the Health Inspector issued in connection with any alleged violation of the provisions of this chapter or of any applicable rules and regulations issued pursuant thereto, or by any order requiring repair or demolition pursuant to §§ 151.255 and 151.256, may file with the City Council a petition setting forth his or her reasons for contesting the notice or order.
(B) Time for filing of petition. The petition shall be filed within 21 days after the notice or order is served on the petitioner in the manner prescribed hereby.
(C) Granting or denial of hearing request. Upon receipt of a valid petition, the City Council shall either grant or deny the hearing requested, and shall advise the petitioner of its decision in writing within 10 days of the day on which his or her petition was received.
(D) Notice of hearing. When the City Council determines to hold a hearing, it shall serve the petitioner with notice of its decision in the manner provided for service of notice herein. The notice shall be served within 10 days of the receipt of the petition.
(E) Right of petitioner to cite grievances. At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.
(F) Powers of Council. The City Council shall have the power to affirm, modify or revoke the notice or order, and may grant an extension of time for the performance of any act required of not more than 30 additional days, where the City Council finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this chapter or by applicable rules or regulations issued pursuant thereto, and that the extension is in harmony with the general purpose of this chapter to secure the public health, safety and welfare.
(G) Authority of Council to grant variances. The City Council may grant variances from the provisions of this chapter or from applicable rules and regulations issued pursuant thereto when the City Council finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this chapter and applicable rules and regulations issued pursuant thereto, that strict adherence to the provisions would be arbitrary in the case at hand, that extension would not provide an appropriate remedy in the case at hand, and that the variance is in harmony with the general purpose of this chapter to secure the public health, safety and welfare.
(Prior Code, § 28-382)
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