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Erosion and Sediment Control
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7/24/2000 10:00:30 PM
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5/12/2000 2:30:51 PM
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Erosion &Sediment
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EROSION AND SEDIMENT CONTROL § 8-56 <br /> <br />Sec. 8-54. Appeals to board generally. <br /> <br /> (a) The board of appeals shall have the power to hear and decide appeals where it is <br />alleged that there is error in any order, requirement, decision or determination made by the <br />building official in the enforcement of this chapter. <br /> <br /> (b) Any final decision of the building official under the terms of this chapter may be'I~ <br />appealed to the board of appeals, provided an appeal is filed with the board of appeals within <br />thirty (30) days of such decision. <br /> <br /> (c) The board of appeals shall fix a reasonable time for a public hearing of an appeal. The <br />hearing shall be advertised by publication of a notice of hearing once a week for two (2) <br />successive weeks in a newspaper of general circulation in the city, with the hearing to be held <br />not earlier than ten (10) days after the second publication. The party making the appeal to the <br />board shall assume the expense of advertisement. The board of appeals shall give written <br />notice by mall of such hearing to all parties known to be in interest. The board of appeals shall <br />decide the matter within sixty (60) days from the date the notice of appeal was filed with the <br />board. <br /> <br /> (d) An appeal stays all proceedings in furtherance of the action appealed from, unless the <br />building official certifies to the board of appeals, after the notice of appeal shall have been filed <br />with him, that, by reason of facts stated in the certification, a stay would, in his opinion, cause <br />imminent peril to life or property. In such case of peril, proceedings shall not be stayed other <br />than by restraining order, which may be granted, upon due cause shown, by a court of record <br />with written notice of such order to the building official. <br />(Ord. of 2-23-82, §§ 4.4, 4.5; Ord. No. 90-15, 11-27-90) <br /> <br />Sec. 8-55. Grant of variances. <br /> <br /> (a) The board of appeals shall have the power to authorize, upon appeal in specific cases, <br />such variances from the terms of this chapter as will not be contrary to the public interest <br />where, owing to special conditions, a literal enforcement of the provisions of this chapter will <br />result in undue hardship; provided, that the spirit of this chapter shall be observed and <br />substantial justice done. <br /> <br /> (b) In considering all proposed variances to this chapter, the board of appeals shall, before <br />making any findings in a specific case, first determine that the proposed variances will not <br />materially diminish or impair established property values within the surrounding area nor in <br />any other respect impair the public health, safety, morals and general welfare. <br /> <br /> (c) In authorizing a variance, the board of appeals may impose such conditions regarding <br />the location, character and other features of the proposed land-disturbing activity as it may <br />deem necessary in the public interest, and may require further guarantee or bond to insure <br />that there is being and will continue to be compliance with such conditions. <br />(Ord. of 2-23-82, § 4.5; Ord. No. 90-15, 11-27-90) <br /> <br />Sec. 8-56. Required vote for reversal of decisions, etc. <br /> <br /> The concurring vote of three (3) members of the board of appeals shall be necessary to <br />reverse any order, requirement, decision or determination of the building official, to decide in <br />Supp. No. 24 <br /> 499 <br /> <br /> <br />
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