(a) Appointment. There is hereby created a Housing Appeals Board, hereinafter referred to as “the Board”. The Board shall be appointed by City Council and shall consist of three (3) members appointed to three (3) year overlapping terms. Members shall serve without compensation.
(b) Meetings. The Board shall hold meetings as requested.
(c) Duties. The duties of the Housing Appeals Board shall be:
(1) To consider and determine appeals whenever it is claimed that true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted.
(2) To permit, in appropriate cases where the application of the requirements of this Code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on the owner and/or occupant(s), a reasonable extension of time from the date of notice of decision by the Board. No appeals shall be considered where an appeal case was previously decided involving the same premises and the same action or determination from which the appeal was taken.
(3) To hear and authorize upon appeal, a variance from an order by the code official when, in its opinion, the enforcement thereof should manifest injustice and would be contrary to the spirit and purpose of this Code; or, when by reason of an extraordinary situation or condition of the premises in question, the strict application of the terms of the order would result in peculiar and exceptional difficulties or undue hardship upon the owner and/or occupant(s) thereof. Providing, however, that no variance shall be granted by the Board which will cause substantial detriment to the public good or which will substantially impair the intent and purpose of this Code; and provided further, that no variance shall be granted unless the Board finds that the following conditions exist:
A. That granting of a variance will not unduly impair an adequate supply of light and air to adjacent property;
B. That granting of a variance will not unduly increase the danger of a fire or impair the public health, safety or welfare;
C. That granting of a variance will not unduly increase congestion in the public streets or unreasonably diminish or impair the health, safety or welfare of the general public.
(d) Decisions. All decisions of the Board to vary the application of any provision of this Code or to modify an order of the code official shall specify in what manner such variance or modification is made, time to comply, other conditions upon which it is made and the reasons therefor. Every decision shall be in writing and shall indicate the vote on the decision. A copy of all decisions shall be promptly filed with the Safety Service Director and shall be open to public inspection. The Board shall send to the appellant a written notice of the final action of the Board within seven working days.
(Ord. 49(98-99). Passed 7-12-99.)
(Ord. 49(98-99). Passed 7-12-99.)