A. Board Created: There is hereby created the Housing Appeals and Mediation Board.
B. Purpose: The purpose of the board is to hear appeals relative to repair deadlines and nuisance abatement orders, decisions, or determinations made by the code official and landlord/tenant disputes regarding property access, nuisance abatement and rent abatement due to the failure of the responsible party to correct city code violations in a timely manner.
C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Residents must be eighteen (18) years of age or older.
3. Special Experience And Training Qualifications: The housing appeals and mediation board shall be comprised of residents with an interest in fair and equitable housing with emphasis on balance of landlords, tenants and other interested citizens.
F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment.
G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The code official or the code official's designee is the secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. The board shall meet upon notice from the chairman, within not less than ten (10) days and not more than ninety (90) days of the filing of an appeal or a request for mediation, at stated periodic meetings, or at the written request of a majority of the members.
2. Attendance:
a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
3. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later.
4. Quorum: Three (3) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written charges and after a public hearing.
M. Powers:
1. Repair Timeline Appeals:
a. An appeal of repair deadlines shall be based on a claim that specific code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall evaluate whether the violations can be corrected in the time frame prescribed by the inspector. The board may uphold the timeframe prescribed by the inspector or grant an extension of time not to exceed nine (9) months from the date of the notice of violation.
b. In no event shall the board have the authority to amend the violation as determined by the inspector or wave requirements of this code.
2. Nuisance Abatement:
a. An appeal of a nuisance abatement order shall be based on the claim that the true intent of Title 6, Chapters 4 and 8 related to rubbish and garbage have not been correctly interpreted or the provisions don't fully apply. The board may uphold the finding of a nuisance and ordered abatement, modify the deadline for nuisance abatement, or reverse the nuisance designation based on determination that the condition is not a violation of the code.
b. In no event shall the board have the authority to waive the requirements of this code.
3. Mediation:
a. An application for mediation shall be based on the claim that either the landlord or tenant have failed to fulfill their duties as required by the lease between the parties, the Iowa Code, or the city code.
b. The City will work directly with magistrates within the Iowa District Court in and for Dubuque County to best serve the needs of the involved parties and encourage building positive landlord tenant relationships for the betterment of the community during an eviction proceeding.
c. The board will hear all issues related to the requested mediation, ask questions necessary to develop a full understanding of the issues, guide participants to develop mutually agreeable solutions, and assist in recording binding written agreements between the parties.
Failure to resolve issues in mediation will result in a referral to the appropriate jurisdictional authority (court) along with a copy of the mediation record and any exhibits or evidence provided by parties of the mediation.
4. All appeal hearings shall be conducted in accordance with the procedures specified in this Code.
N. Application For Appeal:
1. Any person affected by a nuisance abatement order or repair timeline decision of the code official shall have the right to appeal to the housing appeals and mediation board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served and prior to the deadline on the notice.
2. An application for appeal shall dispute the timeline necessary to complete repair or the designation of a condition as a nuisance.
O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest.
P. Postponed Hearing: Either the City, the party appealing, or a mediation participant may request a postponement of a proceeding subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. (Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 34-17, 7-5-2017; Ord. 50-20, 12-7-2020)