(a) Authority to Hear Appeal. The Board of Appeals shall hear all appeals authorized under this chapter.
(b) Who May File an Appeal.
(1) In the case of an order to repair or correct conditions, a responsible party.
(2) In the case of an order to vacate or a condemnation order, the owner, the owner’s legal agent, or a tenant.
(c) How to File an Appeal. An authorized person shall file with the Code Compliance Department, within 20 business days from date of the order or notice being appealed, a completed appeal from along with the filing fee, if any. There shall be included on the appeal form or as an attachment:
(1) A written statement of why the appellant believes the order or notice is in error; and, where applicable, the following,
(2) A written statement showing "good cause" why the time deadlines in the order or notice cannot be met; and
(3) A written plan for completion of all repairs or correction of conditions, including a date for completion; and
(4) Documentation to support the claim of "good cause" and the "written plan" including, but not limited to, documentation of disability, illness, death, family relationship, economic hardship, contract for services, eviction action or other litigation.
(d) Service of Notice. After all the requirements of subsection (a) have been met, the City shall, at least ten days before the scheduled hearing, serve a notice on the appellant specifying the date, time and place where an appeal will be heard by the Board of Appeals. Such service shall be made on the appellant personally, or by first class mail to the address on the appeal form. If a notice is not personally served on the appellant, it shall also be posted in a prominent place on the dwelling, dwelling unit, or structure. If the City has a proof of mailing, or it is established that the person had actual or constructive knowledge of the hearing, claims of non-receipt of any required notice shall not affect the validity of any proceedings taken under this chapter. The City may notify other interested parties of the Board hearing.
(e) Date of Hearing.
(1) Appeals generally. The hearing shall be held at the soonest reasonable date considering the requirements of scheduling a meeting of the Board of Appeals and notice to the appellant, consistent with the PMC, Section 111.
(2) Appeals of orders to vacate. Except where the order to vacate is due to an imminent danger to life, limb, property, or safety, of the occupants or the general public, in no case shall a hearing contesting an order to vacate be scheduled after the date a tenant is ordered to vacate under this chapter. Where the order to vacate is due to an imminent danger to life, limb, property, or safety, of the occupants or the general public the hearing shall be held at the soonest reasonable date considering the requirements of scheduling a meeting of the Board of Appeals and notice to the appellant.
(f) Adjustment of Notice and Hearing Date in Order to Vacate. The date of a hearing and the manner of notice provided for in this chapter and Chapter 1464
for an appeal of an order to vacate, may be adjusted, with the written approval of the tenant, owner, or owner’s legal agent, to provide a hearing on the appeal at the soonest reasonable opportunity.
(Ord. 23-86. Passed 11-18-86; Ord. 15-07. Passed 10-16-07; Ord. 08-2016. Passed 6-21-16.)