event the code official so certifies, the proceedings to enforce the order or decision appealed from shall not be stayed, except by an injunction or other equitable order issued by a court, after notice to the city.
E. Hearing on appeal: The board shall select a reasonable time and place for a hearing on the appeal. Notice of the hearing date shall be given to the appellant and the city in the same manner as service is to be made under Section 111.2.1. If the appellant is not the owner of the property in question, such notice may be given to that property owner in the same manner.
F. The board may affirm, modify or reverse the order or decision appealed from. The decision of the board on an appeal shall be limited to applying this code; and the board may not disregard, vary or modify the code language. Any such decision of the board shall be deemed to be a final administrative order appealable to the courts. The city shall be deemed to be adversely affected and aggrieved by a board decision which modifies or reverses an order or decision of the code official, and the city shall have the right to appeal such a decision to the court. An appeal to court shall stay enforcement proceedings in the same manner as described in subsection D above.
[A] 107.2 Variances.
A. The Property Maintenance Board may, after a public hearing, authorize variances from the requirements of this code.
B. An application for a variance shall be printed or typewritten, shall be signed by the person requesting the variance, and shall be filed by the owner of the premises with the office of the City Manager. This filing must be made within 14 days after any order or decision of the code official was given to a person responsible for compliance with this code. Thereafter, it shall be transmitted, along with all pertinent papers, to the members of the Property Maintenance Board. The application shall set forth the particular requirement from which a variance is requested, and shall be on such form as may be prescribed by the code official.
C. The board shall select a reasonable time and place for a hearing on the variance request. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the city not less than 5 nor more than 40 days before the hearing. Such notices shall also be mailed to the variance applicant, to the property owner of record, and to owners of other parcels of real estate within 200 feet of any portion of the subject premises.
D. Standards for variances: No variance shall be granted unless the board makes findings of fact that:
1. Granting the variance will not impair an adequate supply of light or air to adjacent properties;
2. Granting the variance will not significantly increase the danger of fire or structural collapse nor significantly impair the health, safety, morals or welfare of the occupants or the public;
3. Granting the variance will eliminate peculiar and practical difficulties or undue hardship which would otherwise result upon the owner or operator of the premises if the terms of this code were applied without such variance;
4. Granting the variance will not create blight or constitute a blighting influence on adjoining properties, tending to lead to progressive deterioration and downgrading of the neighborhood;