(a) Creation; Composition, Terms and Qualifications. A Housing Appeals Board is created to conduct the hearings authorized by the Housing Code. The Board shall consist of five members to be appointed by the City Manager and confirmed by Council for overlapping terms of three years each, except that the members of the first Board shall be appointed two for one year, two for two years and one for three years respectively. Each member of the Board shall serve until a successor is appointed. All members of the Board shall be citizens of the United States and residents of the City.
(b) Procedural Rules; Vote and Quorum. The Board shall adopt rules of procedure not inconsistent with the Housing Code, elect its own officers and keep a record of all proceedings, including the vote of each member on each case heard. No members of the Board shall take part in any hearing or determination in which he has, directly or indirectly, any personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
(c) Interpretation; Granting Variances. The Board shall interpret the intent of the Housing Code in specific cases where, upon appeal, it clearly appears that by reason of special conditions, undue hardship would result from literal application of any section thereof. Where undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section, provided the dwelling shall vary only a reasonable minimum from the literal provision of the Housing Code and shall comply generally with the spirit and intent of the regulations as to sanitation, safety, and rehabilitation. Any variance shall be permitted only by the concurring vote of at least three members of the Board.
(Ord. 2011-111. Passed 7-5-11.)