Ordinances-1999-227

(1) There are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and (2) Due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and (3) An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and (4) Such variance is in harmony with the general purpose and intent of this Article in securing the public health, safety and general welfare. d. Upon appeal or by petition, the Appeals Board shall consider the adoption of a general variance. The Appeals Board, by a majority vote, may establish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall: (1) State in what manner the variance from the specific provision(s) is to be allowed; and (2) State the conditions under which the variance is to be made; and (3) Be based upon specific findings of fact based on evidence related to the following: (A) There are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and (B), Such variance is in harmony with the general purpose and intent of this Article in securing the public health, safety and general welfare. e. The effective date of the variance shall be thirty (30) calendar days after notification to the City Council unless vetoed by an extraordinary majority of the City Council during said thirty (30) day period. (1978 Code §17-3; 1994 Code) SECTION 14: NOTICE OF VIOLATION: Whenever the inspector determines that there has been a violation of any provision of the Housing Code, the inspector shall give notice of such violation and an appeal request form to the person or persons responsible therefor. Such notice shall: A: Be in writing. B. Include a sufficiently detailed description of the violation, including the section of the Housing Code violated and the location of the violation on the premises, if applicable. C. Include a statement of the reason or reasons why it is being issued. D. Allow a reasonable time for the performance of any act it requires and may contain an outline of remedial action