Pursuant to Chapter 2.68 of this code, the board of adjustments and appeals shall hear all appeals of condemnation of substandard buildings as per the International Building Code. The zoning board of appeals established in Section 14.44.020 of this code shall hear all other appeals originating from actions taken pursuant to this chapter of the Colleton County Code of Laws, as amended.

A. Application for Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within thirty (30) days after the day the decision, notice or order was served at the property, to the person responsible, or to the owner. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.

B. Notice of Meeting. The board shall meet upon notice from the chairman, within thirty (30) days of the filing of an appeal, or at stated periodic meetings.

C. Open Hearing. All hearings before the board shall be open to the public and shall be publicly posted in a newspaper of general circulation fifteen (15) days prior to the hearing. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than a majority of the board membership.

D. Procedure. Each board shall adopt and make available to the public, through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

E. Board Decision. The board shall modify or reverse the decision of the code official or grant a one-time extension of no more than one hundred eighty (180) days additional to the time period already provided by the code official for abatement only by a concurring vote of a majority of the total number of board members present at meeting.

F. Records and Copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the planning and development department director.

G. Administration. The planning and development department director shall cause the code official to take immediate action in accordance with the decision of the board.

H. Court Review. Any person, whether or not a previous party of the appeal, shall have the right to appeal to the circuit court.

I. Stays of Enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. (Ord. 05-O-02 § 6, 2005)