§ 20-141. Application for appeals conference or hearing.

(a)

Any person aggrieved by an order of abatement from the Director of Health issued in connection with any alleged violation of the provisions of this article or by any order requiring repair or demolition pursuant to sections 20-136(a) and 20-139(1) may apply for a conference with the Director of Health.

(1)

This application must be made within forty-eight (48) hours after the notice is served in the manner prescribed by section 20-136.

(2)

The Director of Health shall schedule a conference to be held within three (3) days of the application.

(3)

At the conference, the applicant shall be permitted to present his argument for rescinding or modifying the Director's order.

(4)

Nothing contained herein shall be construed to limit the authority of the Director of Health to resolve cases of code noncompliance through an administrative route, including the holding of informal conferences, with owners, occupants or agents or employees of said owners or occupants. Such conferences may be held by the Director at his discretion at any time, either before or after resort to other remedies available hereunder.

(b)

If the applicant is not satisfied with the decision of the Director rendered at the conference, the applicant may appeal to the hearing agency.

(1)

Such appeal shall be filed within five (5) days after the order is served on petitioner in the manner prescribed in section 20-136.

(2)

The hearing agency shall schedule a hearing to be held within ten (10) days of the filing of said petition and shall serve the petitioner with notice of the time and place where said hearing is to be held at least seven (7) days prior to said hearing.

(3)

The hearing agency shall render a decision within ten (10) days after said hearing and shall serve the petitioner with notice of its decision, in the manner provided for service of notice in section 20-136, within four (4) days of the date of said decision.

(4)

At the hearing, the petitioner shall be given an opportunity to show cause why the order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.

(5)

The hearing agency shall have the power to affirm, modify, or revoke the order, and may grant an extension of time for the performance of any act required of not more than two (2) additional months where the hearing agency finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this article or by applicable rules or regulations issued pursuant thereto, and that such extension is in harmony with the general purpose of this article to secure the public health, safety and welfare.

(6)

The hearing agency may grant variances from the provisions of this article when the hearing agency finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this article and applicable rules and regulations pursuant thereto; that strict adherence to such 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 article to secure the public health, safety and welfare.

(7)

The building code board of appeals of the City of Danbury is hereby designated as the hearing agency for this article.

(8)

There will be a fee of ten dollars ($10.00) assessed for each appeal filed with the hearing agency. Said fee must be paid in full on or before the scheduled date of hearing. All fees and issues connected with a convention of the hearing agency shall be collected by said agency and deposited into the general fund of the City of Danbury and/or into such funds described and contained within the provisions of this article.

(c)

Any person aggrieved by the final decision of the hearing agency may obtain judicial review by filing in a court of competent jurisdiction within ten (10) days of the announcement of such decision a petition praying that the decision be set aside in whole or in part. A copy of each petition so filed shall be forthwith transmitted to the hearing agency, which shall file in court a record of the proceedings upon which it based its decision. Upon the filing of such record, the court shall affirm, modify or vacate the decision complained of, in whole or in part. The findings of the hearing agency with respect to questions of fact shall be sustained if supported by substantial evidence on record, considered as a whole.

(Code 1961, § 10-21; Ord. No. 241, 3-6-1979; Ord. No. 254, § 6, 3-4-1980)