§ 13-116. Same; Section 111, Means of Appeal.

(a)

Section 111.1 is amended to read as follows: " 111.1 Appeals by owner or occupant. Whenever it is claimed that the true intent and meaning of this Code has been misconstrued or wrongly interpreted, the owner or occupant or duly authorized agent may appeal the decision of the Code Official to the Board of Appeals for Prince George's County. Notice of such appeal shall be in writing and filed within ten (10) calendar days after the decision is rendered by the Code Official. In the case of a structure or dwelling unit which, in the opinion of the Code Official, is unsafe or dangerous, the Code Official may, by order and proper notice, shorten the time for the filing of an appeal. Appeals arising under this Section shall be made using forms provided by the Board of Appeals and shall be filed with the Board of Appeals, which will then notify the appellant in writing of the time and place of the hearing."

(b)

Section 111.2 is amended to read as follows: " 111.2 Decisions of the Board of Appeals for Prince George's County. The Board of Appeals for Prince George's County (hereinafter, the Board of Appeals) shall hold a hearing upon the appeal. The County shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant owner or occupant shall have the burden to establish by a preponderance of the evidence that the County or its agencies have misconstrued or wrongly interpreted the intent and meaning of this Code. The Board of Appeals shall determine only whether there was substantial evidence for the Code Official to take the enforcement action from which the appeal was taken. The Board of Appeals may not substitute its judgment for that of the Code Official. However, the Board of Appeals may grant variances of the application of any provision of this Code when the substantial credible evidence clearly establishes that the enforcement thereof would do manifest injustice or would be contrary to the spirit and purpose of the Code. A decision of the Board of Appeals to vary the application of any provision of this Code or to modify an order of the Code Official shall specify in what manner such variation or modification is made, shall state the conditions upon which it is made, shall make findings of fact in support of the variance, and shall state the supporting reasons for the variance. Every decision of the Board of Appeals shall be given in writing within thirty (30) days of the hearing and shall indicate the vote of the members upon the decision. A failure on the part of the Board of Appeals to render a decision within the prescribed time period shall affirm the decision of the Code Official. A copy of each such decision shall be promptly filed with the Code Official, and the issuing agency shall maintain a file of such decisions which shall be open to the public for inspection during regular business hours. A certified copy shall be sent by mail or otherwise delivered to the appellant. The County or an owner or occupant aggrieved by a decision of the Board of Appeals may appeal the decision to the Circuit Court for Prince George's County, Maryland, in accordance with Section 5(U) of Article 25A of the Maryland Annotated Code."

(c)

Sections 111.2.1, 111.2.2, 111.2.3, 111.2.4, 111.2.5, 111.3, 111.4, 111.4.1, 111.5, 111.6, 111.6.1, 111.6.2, 111.7, and 111.8 are deleted in their entirety.

(CB-39-2001; CB-57-2011; CB-78-2012)