(A) The Board of Zoning and Building Appeals under this code shall be the same Board previously created under the Housing and Zoning Codes of the city.
(B) The Board shall consider appeals from the decision of the official charged with the enforcement of this code in order that the provisions of the code may be reasonably applied and substantial justice done where practical difficulties are apparent or unnecessary hardship would result in carrying out the strict letter of this code. The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and shall make such determination as, in its opinion, ought to be made in the premises, if the case involved is, in their judgment, not in violation of the intent of the code, and if public health and safety will not be jeopardized.
(C) (1) Appeals from the decisions of the official charged with the enforcement of this code may be made to the Board. The appellant shall file with the Commissioner of Buildings a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board all of the papers constituting the record upon which the actions appealed from were taken. Appeals will be heard at the next regularly scheduled meeting of the Board. In the event the notice of violation was issued as the result of a condition constituting an immediate danger to the life, health or safety of the occupant or the public, the Building Commissioner shall, within 48 hours of the filing of a notice of appeal, notify the Board of the receipt of the notice of appeal and ascertain the earliest date a quorum can be obtained and a special meeting held. The Building Commissioner shall notify the aggrieved party in writing of the time and place of meeting. The Board shall render a decision within five days after such meeting. The decision of the Board shall be final.
(2) A fee of $25 shall be required before an appeal will be considered. However, the Board may, where there is a showing of financial distress such that payment of the fee would result in hardship, waive the payment of such fee.
(D) Whenever the Building Commissioner finds that a building or premises qualifies for demolition under § 1476.05 of this chapter, and the interested party or parties have failed to comply with a notice of violation directing remedial action, the Building Commissioner may request that the Board issue its findings that the building or premises so qualifies.
(1) Upon receipt of the Building Commissioner’s request the Board shall set a time and place for a hearing and written notice thereof shall be given not less than 15 days in advance to all interested parties. Notice shall be in a form approved by the Director of Law, and served personally if the party can be found. If after diligent effort a party cannot be found within the city, the notice may be served by certified mail, return receipt requested, addressed with postage pre-paid to the last known address of the party. In the event that a party cannot be found within the city and no address is known or can be found for him or her, upon approval of the Director of Law, the notice may be served by publication once each week for three successive weeks in a newspaper of general circulation published within the city. In every case a copy of the notice shall be posted in a prominent place on the building or premises at least 15 days prior to the hearing.
(2) For the purpose of this section,
INTERESTED PARTY means any person or entity listed on the assessment roll, found upon the premises, or revealed by a standard search of the title thereof. Proof of service of the notice upon all interested parties shall be filed with the Board on or before the date of hearing.
(3) At the hearing, the Board shall receive evidence and examine the question. An interested party shall have the right to counsel of his or her own choice to introduce relevant evidence, to cross-examine witnesses and be fully heard. The Building Commissioner shall be represented by the Director of Law or a member of his or her staff. The Board shall define by rule the conduct and procedure to govern hearings hereunder. Before making any finding, the Board shall require that photographs sufficient and adequate to portray the interior and exterior condition of the building or premises be submitted to it, and entered in its files.
(4) The Board shall determine its findings by a preponderance of all the evidence, and enter the same in writing. If the Board finds that the building or premises qualifies for demolition as aforesaid, the written finding shall recite the basis thereof in sufficient detail to identify the evidence relied on to reach the finding. Certified copies of the finding shall be delivered to the Building Commissioner and each interested party.
(Prior Code, § 1493.08) (Ord. 137-1981, passed 7-27-1981)