There is hereby created a Board of Housing Appeals which shall be the board of appeals for this Housing Code. Such Board of Housing Appeals shall:
(a) Consist of five members appointed by the Mayor, with the advice and consent of Council, for overlapping terms of three years. Two of the first members shall be appointed for one year, two members for two years and one member for three years respectively, and each member shall serve until a successor is appointed.
(b) Conduct hearings upon appeals authorized by this Code and maintain a record of such hearings.
(c) Adopt rules of procedure not inconsistent with this Code and elect officers as the Board sees fit. No member of the Board shall take part in any hearing or determination in which he has a personal or financial interest. Members of the Board shall attend hearings in person and shall receive no compensation therefor. Three members of the Board shall constitute a quorum. A member may be removed for cause by the Mayor.
(d) Interpret the intent of this Code in specific cases where, upon appeal, it clearly appears that, by reason of special conditions, undue hardship would result from literal application of any section of this Code. Where such undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the dwelling will vary only a reasonable minimum from the literal provision of this Code but will comply with the spirit and intent of this Code with respect to sanitation, safety and rehabilitation. All decisions to permit a variance under this section shall be by a majority vote of the total membership of the Board.
(Ord. 4067-1971. Passed 3-7-72.)