(A) Whenever the Occupancy Inspector has inspected any dwelling or dwelling unit and has found and determined that it is not in compliance with this chapter, he or she shall proceed as follows: He or she shall serve a written notice on the owner in person or by certified mail. The notice shall describe the property, the nature of the violation, the time in which compliance must be effected, and a copy of the section or sections of this chapter which prescribes the standards to be met. The notice shall also state that an appeal may be taken to the Board of Adjustment hereinafter established. The notice may contain such other and different information as the Occupancy Inspector believes will help the owner to remedy the violation.
(B) The Board of Adjustment shall consist of the Planning Commission meeting specially as the Board of Adjustment. The Board shall meet only for the purposes of hearing the appeals as required by this section. The Board shall be compensated as determined by resolution by the City Council from time to time. The Board shall keep minutes as to its activities and shall prepare written findings of any of its appeals. The Board shall tape record all testimony and evidence given to it in the course of appeals and shall retain a copy of the tape for 120 days following its decision.
(C) All appeals heard by the Board shall be conducted in open proceedings with full opportunity of all parties to be heard. The Board may hear and consider any evidence it deems appropriate. Any party to the proceedings may be represented by an attorney.
(D) Appeals shall be commenced by filing a written request with the City Administrator no later than 30 days from the date of the issuance of any order or citation by the Occupancy Inspector. The City Administrator shall give notice of the time and date the appeal is to be heard to the appellant, in writing, at least ten days prior to the hearing. The hearing shall be held within 45 days of the filing of the notice of appeal, and may be adjourned or continued from time to time in the discretion of the Chairperson of the Board.
(E) The Chairperson of the Board shall be in charge of the conduct of all hearings and shall have the power to insure that the hearings are conducted in an orderly fashion. It shall be the obligation of the Occupancy Inspector to set forth all of the facts and particulars of his or her determination at the hearing. Thereafter, any interested parties may present such evidence and information as is relevant. The Board shall then determine whether or not the decision of the Occupancy Inspector was justified under the circumstances.
(F) Upon obtaining the evidence and information presented through the Board, and no later than 60 days of the filing of the notice of appeal, the Board shall issue a written decision including findings of fact supporting their decision. Any party being aggrieved by the decision may make a further appeal to the City Council by filing with the City Administrator a written notice of their intention to appeal. The party shall then pay for the cost of preparing a transcript of the original hearing. Once payment is received and the transcript is prepared, the City Council shall hear the appeal upon the record as established without further evidence or hearing. The City Council may reverse the Board of Adjustment’s decision only upon a finding that the Board has acted arbitrarily, capriciously or unreasonably under the circumstances. The City Council shall render its decision within 30 days following receipt of the transcript. The City Administrator shall give notice of the decision to all interested parties.
(Ord. 253, passed 10-5-2005; Ord. 261, passed 5-7-2008; Am. Ord. 296, passed 8-1-2012)