Palencar was issued an enforcement notice that certain structures on his property required zoning permits.  He submitted an application/appeal form indicating a variance was requested, but not that Palencar wished to appeal the enforcement notice. Prior to the hearing Palencar’s attorney phoned the ZHB Solicitor and indicated Palencar also wanted to appeal the enforcement notice. The ZHB published notice of the hearing stating it would consider an appeal “from the zoning officer’s determination.” A hearing was held and the ZHB found Palencar had violated the ordinance and upheld the enforcement notice.  Palencar appealed.

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