(A) Appeals Board. The City Council shall serve as the Housing Appeals Board unless it shall by resolution designate another board or commission to be the Housing Appeals Board or establish a separate Housing Appeals Board. The City Manager or his duly designated representative shall serve as executive secretary to the Board.
(B) Duties of Housing Appeals Board. The Housing Appeals Board shall have the power to affirm, modify, or revoke the notice or order, and may grant an extension of time for the performance of any act required by this chapter. Where the Housing Appeals Board finds that there is practical difficulty or undue hardships connected with the performance of any act required by the provisions of this chapter and that such extension is in harmony with the general purpose of this chapter to secure the public health, safety, and welfare.
(C) Hearing.
(1) Request. Any person affected by any notice and/or order which has been issued in connection with the enforcement of any provisions of this chapter may request and shall be granted a hearing on the matter before the Housing Appeals Board provided that such person shall file in the office of the City Manager a written petition requesting such hearing and setting forth the name and address of the petitioner and a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order issued under the provisions of this chapter.
(2) Petition. Petition shall be filed within ten days after the day the notice and/or order is served. Upon receipt of such a petition the Housing Appeals Board shall set a time and place for a hearing before the Housing Appeals Board and shall give the petitioner written notice thereof. At the hearing the petitioner shall be given an opportunity to be heard and show cause why any item appearing on such notice and/or order should be modified or withdrawn. The failure of the petitioner or his representative to appear and state his case at such hearing shall have the same effect as if no petition had been filed.
(3) After a hearing, the Housing Appeals Board shall sustain, modify, or withdraw any item appearing on the notice and/or order by majority vote, depending upon its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the City Manager shall be notified in writing of such findings.
(4) The proceedings at such hearings, including the findings and decision of the Housing Appeals Board and reasons therefor, shall be summarized and reduced to writing and entered as a matter of public record in the office of the City Manager. The record shall also include a copy of every notice and/or order issued in connection with the matter.
(Ord. 39-1976, passed 8-16-76)