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(A) Request for hearing. Any person required to comply with this chapter may have a hearing with the Housing Board of Appeals as to whether the building meets the criteria of this chapter or on a request for an extension of time in which to correct any issues which have resulted in the building being placed on the registry. A request for a hearing must be made in writing and delivered to the Housing Board of Appeals either: within the time stated in the order to abate the conditions which resulted in the building being subject to this chapter or 20 calendar days after the date of postmark of notice or proof of service, whichever comes first; or it will be conclusively presumed that the building is appropriately on the registry and all further appeals shall be waived. An additional ten days to file a request for appeal will be granted upon showing of exigent and/or unforeseeable circumstances making it impracticable to have filed the appeal request within the period provided above.
(B) Hearing. The Housing Board of Appeals shall set a hearing date as soon as practicable after receiving a written appeal. The applicant shall be advised in writing of the time and place of such meeting at least four days prior to the date of the meeting. At such meeting, the applicant shall be given an opportunity to be heard and show just cause why the building does not meet the criteria set forth in this chapter or why an extension of time to correct the noted issues is needed. At the conclusion of the hearing, the Housing Board of Appeals shall render a written decision as to whether or not the building shall be placed on the registry.
(C) Post-hearing. If the Housing Board of Appeals finds that the building is appropriately on the registry, it shall order the applicant to follow all requirements of this chapter within whatever additional time is reasonable under the circumstances. If additional time is granted to correct conditions which have resulting in the building being placed on the registry, the Board shall set a non-negotiable deadline for the corrections to be made and further rule that the building shall be placed on the registry if said corrections are not timely made. The findings of the Housing Board of Appeals shall constitute the city’s final action on the matter. Enforcement of any notice or order issued under this code shall be stayed during the duration of an appeal of the order, which is properly and timely filed.
(Ord. 2678, passed 5-25-2021)