(A) Should the department determine that the dwelling is not in compliance, and for that reason deny, suspend, or revoke a registration certificate, the owner shall have the right to appeal such determination in the following manner:
(1) The owner shall file the appeal with the city's Zoning Board of Appeals, in writing, within 15 days of the date of the department's determination. Filing of the appeal shall stay any suspension or revocation of a registration certificate until such time as the Zoning Board of Appeals issues a final decision. The appeal shall contain a short and plain statement of the matter(s) asserted by the owner, including factual and legal bases upon which the owner relies.
(2) Upon receipt of the appeal, the Zoning Board of Appeals shall schedule a hearing and provide notice of the hearing to the owner by sending written notice by first-class mail to the address listed on the owner's application form. The owner may appear at the hearing in person, or by representative. If the owner or representative fails to appear at the hearing after proper notice, the Zoning Board of Appeals may proceed with the hearing and issue a decision. The owner shall be given an opportunity to present evidence and arguments on issues of law and fact.
(3) Within a reasonable period after the hearing is concluded, the Zoning Board of Appeals shall issue a final decision, in writing, setting forth its findings. A copy of the decision shall be sent by first-class mail to the address listed on the owner's application form, or to the representative that appeared at the hearing.
(4) The Zoning Board of Appeals shall:
(a) Affirm the determination of the department; or
(b) Reverse the determination of the department and order the issuance or reinstatement of a registration certificate.
(B) The Zoning Board of Appeals shall have no power to vary or modify any code, law, or ordinance nor may it vary or modify the procedures herein provided.
(Ord. 10-018, passed 11-8-10)