(A)
Any owner or person who is aggrieved with a decision or order issued by the Housing Inspector pursuant to § 151.48 may appeal from that decision or order to the Town’s Zoning Board of Adjustment (hereinafter, "Board").
(B) An appeal from any decision or order of the Housing Inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the town. Any appeal from the Housing Inspector shall be taken within ten days from the rendering of the decision or service of the order, whichever is later, and shall be taken by filing with the Housing Inspector and with the Board a written notice of appeal on forms supplied by the Housing Inspector, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Housing Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Housing Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the Housing Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Housing Inspector certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one days written notice to the Housing Inspector, by the Board, or by a court of record upon petition made pursuant to division (E) of this section.
(C) The Board shall fix reasonable time for the hearing of all appeals, shall give due notice to all the parties and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make the decision and order as in its opinion ought to be made in the matter. The concurring vote of four members of the majority of the Board shall be necessary to reverse or modify any decision or order of the Housing Inspector. In any case where there are practical difficulties or unnecessary hardships in carrying out the strict letter of the ordinance, the Board shall have the power to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(D) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(E) Any person aggrieved by an order issued by the Housing Inspector or a decision rendered by the Board may petition the Superior Court for an injunction restraining the Housing Inspector from carrying out the order or decision, and the Court may, upon the petition, issue a temporary injunction restraining the Housing Inspector pending a final disposition of the order; provided, however, that the petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be held by the Court on any petition within 20 days, and shall be given preference over other matters on the Court’s calendar. The court shall hear and determine the issues raised and shall enter the final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this division (E).
(F) In case any dwelling is erected, constructed, altered, repaired converted, maintained or used in violation of this chapter or any valid order or decision of the Housing Inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the occupancy of the dwelling or to prevent any illegal act, conduct or use in or about the premises of the dwelling.
(Ord. passed 7-21-2016 ; Ord. PL05268-110121, passed 12-8-2021)