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<section number="13-116" name="Same; Section 111, Means of Appeal" law="code" slug="sec-13-116" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV1HOCO_SD2AMHOCO_S13-116SASE111MEAP">
  <level label="a">
    <text>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 Administrative Hearing Unit as established in Division 15 of this Subtitle. 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 Administrative Hearing Unit and shall be filed with the Administrative Hearing Unit, which will then notify the appellant in writing of the time and place of the hearing."</text>
  </level>
  <level label="b">
    <text>Section 111.2 is amended to read as follows: "111.2 Decisions of the Administrative Hearing Unit. The Administrative Hearing Unit shall hold a hearing upon the appeal. The proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. 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 Administrative Hearing Unit shall determine only whether there was substantial evidence for the Code Official to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Code Official. However, the Administrative Hearing Unit 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 Administrative Hearing Unit 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 Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. 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 copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An owner or occupant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court."</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
</section>
