§ 105-215. Enforcement; appeals and variances.

(a)

Enforcement. The code compliance officer shall be primarily responsible for the administration and enforcement of the provisions of this article. All requests for approval letters and all applications for tree removal shall be submitted to and reviewed by the city.

(b)

Appeals. Requests for appeal of any administrative decision must be submitted to the city clerk in writing within 30 days of the date of such decision. Such written appeal shall be made in the form of a letter, which outlines the grounds of the appeal.

The appeal shall be heard by the mayor and city council.

(c)

Variances. Requests for the variance of the strict requirements of this article may be granted by the mayor and city council when the following conditions are found to exist:

(1)

The strict enforcement of this article will result in an unreasonable hardship not of the applicant's own making; and

(2)

The grant of the variance will not compromise the purposes of this article.

(d)

Hearings. Public hearings before the mayor and city council shall be held for appeals and variance requests. The hearing shall be recorded. The applicant shall be given notice of the time and place of the hearing, and the opportunity to present his or her request. Interested parties may also be allowed to address the mayor and council, but in all cases, the applicant shall be allowed equal time to opponents of the application and the opportunity to cross-examine the opposing speakers.

(e)

Appeal to the Superior Court. Decisions on appeal and variance requests may be appealed to the Superior Court of the county in which the subject property lies within 30 days of the mayor and city council's decision.

( Ord. No. 323-16, § 1, 4-25-2016 )