1329-17 Combining Board of Adjustment and Code Enforcement

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OR BK 9628 PG 476 4 of 6 (a) Special conditions and circumstances exist which are peculiar to the land, structureorbuilding involved and which are not applicable to other. lands, structures, or buildings; (b) The variance granted is the minimum variance. that will make possible the reasonable use of the land, building or structure; or (c) The grant of the variance will be in harmony with the general intent and purpose of this subchapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (2) Procedure. r , - (a) Variance requests shall be heard at public hearings held before the Board of Adjustment, Code Enforcement, and Appeals after notice of the time, place and purpose of such hearing has been given in the manner set forth in this section. The decision of the Board shall be based upon evidence adduced at the public hearing. (b) The public hearing referenced in this section shall be preceded by publication of notice of the time, place and purpose of the hearing in a newspaper of general circulation in the county, with the first such publication to be at least 15 days prior to the date of the hearing and the second such publication to be at least five days prior to the hearing. For the purposes of compliance with this section, notice of both hearings may be given simultaneously, provided the time requirements set forth in this section are either met or exceeded. - (3) Every decision of the Construction Code Enforcement/Licensing - Board shall be in writing and shall indicate the vote upon the decision. A = copy of the final order shall be sent by mail to the applicant, and a copy shall be kept in the office of the Building Official. (4) The Board may also conduct a public hearing concerning whether a - _ city certificate of competency or the permitting privileges of a state- registered or state-certified contractor shall be 'annulled, suspended or . revoked. (a) Such hearing shall not be held until ten days after notice of the _ _ - hearing has been hand delivered or. delivered by registered or • - certified mail to the last known address of.the certificate holder or registrant. , (b) After such hearing, the Board may annul, suspend or revoke any such certificate of competency or the permitting privileges of a state-registered or state-certified contractor pursuant to § 30.063. (c) The severity of any such suspension or revocation shall bear a reasonable relation to the gravity of the offense. (d) Any aggrieved party may appeal a final decision or order by the Board of Adjustment, Code Enforcement, and Appeals to the Circuit Court of the county. An appeal shall be files within 30 days of the decision to be appealed and shall not be a hearing de novo, but shall be limited to appellate review of record created before the Board of Adjustment, Code Enforcement, and Appeals. Section 30.084 PREFERENCE AND HEARING OF CHARGES Any person directly interested, any city inspector, or the architect or engineer of any building or construction may prefer charges against a contractor under this chapter or a violation of the