(a) Appeals Board. For the purposes of this chapter, the City Board of Zoning and Building Appeals (“Board”) shall hear and decide all appeals permitted by this chapter.
(1) Procedure. The Board may adopt rules of procedure not inconsistent with this chapter. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
(2) Authority. The Board shall hear all appeals relative to the enforcement of this chapter, and by a concurring vote of the majority of its members may reverse or affirm, wholly or partly, or may modify the decision appealed from, and shall make such order or determination as in its opinion furthers the purposes of this Exterior Property Maintenance Code. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the designated official.
(b) Hearings.
(1) Any person(s) served with a notice of violation has the right to appeal such notice to the Board of Zoning and Building Appeals. Such appeal must be in writing, should be filed on forms provided by the City and must be filed according to the following:
A. First notice of violation. Within ten days of service of the notice of violation as provided in Section 1484.05(f).
B. Second notice of violation. Within five days of service of the notice of violation as provided in Section 1484.05(f).
(2) Upon receipt of appeal, the Board shall set a time and place for hearing and shall give the petitioner and all adjoining property owners written notice by first-class mail postmarked no less than seven days prior to the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any items appearing on such notice and order should be modified, or withdrawn. The failure of the petitioner or his or her representative to appear and state their case at such hearing may have the same effect as if no petition were filed.
(c) Findings. Prior to sustaining any violation and compliance order, the Board of Zoning and Building Appeals shall make the following findings:
(2) The notice of violation that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for abatement of the violation.
(3) Within the time period stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation, and/or by not bringing the use into compliance with the Exterior Property Maintenance Code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of the Exterior Property Maintenance Code and/or conditions imposed by the Board of Zoning and Building Appeals as a prerequisite to the modification of a previous compliance order.
(d) Within 30 days of the close of the public hearing, the Board shall render a decision sustaining, modifying, or withdrawing any item appearing on the notice and order. The petitioner shall be notified of the decision in writing. No fines or assessments shall be imposed against the violator during the appeals process.
(e) Failure to comply with a decision by the Board of Zoning and Building Appeals shall form the basis of separate offense for which a citation under Section 1484.07 shall be issued.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)