§ 17.40.880. Appeals.

A.

The Building Board of Appeals has jurisdiction to hear and decide appeals from any order, requirement, decision or determination made by the Director of Planning and Zoning or the Director's designee under this chapter, other than the issuance of a municipal citation or the charging of a misdemeanor. The petition for appeal shall be in writing stating the grounds for appeal and shall be filed with the Department of Planning and Zoning along with a nonrefundable fee in an amount established by the City Council. Any right to appeal shall be waived if not timely filed.

B.

Appeals to the Building Board of Appeals shall be made within the time specified by the Director of Planning and Zoning for correction of the alleged violation, as mentioned in Section 17.40.840, or within ten days from the receipt of notice of violation, suspension or revocation, whichever is the shorter period, by letter addressed to the Board setting forth the order, requirements, decision or determination from which the appeal is taken, and alleging sufficient facts to show an error in the order, requirement, decision or determination, or that compliance with the order, requirement, decision or determination will result in severe and undue hardship unwarranted by the circumstances.

C.

Within a reasonable time after receiving notice of an appeal, but not less than five days, the chair shall fix a time and place for the hearing of the appeal, and shall send notice of the hearing to the appellant or the appellant's attorney of record.

D.

In deciding appeals, the Building Board of Appeals shall determine from all of the evidence presented to it, if there is any error in the order, requirement, decision or determination from which the appeal is taken, or if severe and undue hardship will result to the appellant, or others, by enforcement of the order, requirement, decision or determination, not warranted by considerations for the public health, safety and welfare. The Board may reverse, affirm or modify, wholly or partly, the order, requirement, decision or determination appealed from, and may make any further order, requirement, decision or determination as ought to be made upon all of the evidence presented to it.

E.

Upon making a final determination, the Building Board of Appeals shall give notice of the determination to the appellant by the same procedures set forth in Section 17.40.840, and in the event the determination requires some action to be taken by the appellant, the notice shall state a reasonable time within which the action shall be taken, and further shall state that unless the action is taken within the time specified, the appellant will be subject to the penalties provided in Section 17.40.890.

F.

A person aggrieved by a decision of the Building Board of Appeals made pursuant to this section may appeal that decision to the circuit court for Anne Arundel County pursuant to Maryland Rule Title 7, Chapter 200 or its successor. For purposes of this subsection, a person shall not be considered aggrieved by a decision of the Board unless the person has appeared as a party at the hearing before the Board. An appeal under this section shall be taken within thirty days of the date of the decision appealed and shall be the exclusive remedy of the aggrieved party from that decision.

(Ord. O-26-03 § 1 (part): Ord. O-29-88 § 1 (part); prior code § 12-10)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)