§ 114.014. Administrative appeals; Board of Appeals.

Sec. 14. 

A.

Board of Appeals. In order that the provisions of this Ordinance may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this Ordinance, the Board of Appeals shall consider appeals from the decision of the Director concerning the Authority collection system and determine, in particular cases, whether any deviation from strict enforcement will violate the intent of the Ordinance or jeopardize the public health or safety.

B.

Appeals. Appeals from the written decisions of the Director with respect to matters concerning the Municipal collection system may be made to the Board of Appeals, within 30 days from the date of such decision. Such appeal may be taken by any person aggrieved. The appellant shall file a written Notice of Appeal with the Board of Appeals, specifying the ground therefor. The Board of Appeals may, at its discretion, call upon the Director to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reserving, modifying or affirming, in whole or in part, the appealed decision, determination or directive of the Director. In order to find for the appellant, a majority of the Board of Appeals must concur. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties, and decide the same within a reasonable time. Within the limits of its jurisdiction, the Board of Appeals may reverse or affirm, in whole or in part, or may make such other requirements, decisions or determination as, in the Board's opinion, ought to be made in the case under consideration. Subject to subsection E, the decision of the Board of Appeals shall be final.

C.

Effect of administrative action. If a hearing is not demanded within the period specified herein, such administrative action shall be deemed final. In the event a hearing is demanded, any action subject to appeal shall be suspended until a final determination has been made, except in the case of an immediate cease and desist order issued pursuant to this Ordinance.

D.

Appeal from Board of Appeals. Appeals from the determination may be made to the Circuit Court for the County of Kalamazoo within 21 days as provided by law.