(A) Creation. There is hereby created a Board of Building and Housing Appeals consisting of three members appointed by the City Council. To the extent practicable, it shall be composed of one realtor or representative of a mortgage lending institution and two members from the community at large.
(B) Members.
(1) Members shall be appointed for terms of four years.
(2) Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Absence of any member from three consecutive regular meetings of the Board of Building and Housing Appeals shall, at the discretion of City Council, render that member liable to immediate removal from office.
(C) Quorum. Two members of the Board of Building and Housing Appeals shall constitute a quorum. In varying the application of any provisions of this chapter or in modifying an order of the Building Inspector, affirmative votes of the majority present, but not less than three affirmative votes shall be required. No Board member shall act in a case in which he or she has a personal interest.
(D) Rules and regulations. The Board of Building and Housing Appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter. The Board of Building and Housing Appeals shall meet at regular intervals, to be determined by the Chairperson or, in any event, the Board of Building and Housing Appeals shall meet within ten days after notice of appeal has been received.
(E) Powers. The Board of Building and Housing Appeals shall have the power to administer oaths, affirmations, examine witnesses and receive evidence.
(F) Variances. Where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of this chapter, a variance may be granted by the Board of Building and Housing Appeals upon written application therefor. The application shall state, in writing, the reasons why the variance shall be made. A variance may be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by this chapter in order to achieve that end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the Building Inspector and a copy shall be given to the applicant.
(G) Appeals.
(1) Whenever it is claimed that the true intent and meaning of this chapter has been wrongly interpreted, that the decision of the Building Inspector is otherwise unreasonable or that the time allowed for compliance is unreasonable, the owner, his or her agent or the occupant, as the case may be, may file a notice of appeal from a decision or order of the Building Inspector. This notice shall be in writing and filed within ten days after the decision or order of the Building Inspector has been made.
(2) The Board of Building and Housing Appeals, when so appealed to, may modify the decision or order of the Building Inspector. Its decision shall be final, subject, however, to the remedy as any aggrieved person may have at law or in equity. The decision of the Board of Building and Housing Appeals shall be in writing, shall be filed in the office of the Building Inspector and a certified copy shall be given to the appellant.
(H) Judicial review. Any person affected by an order which has been upheld in full or in part by the Board of Building and Housing Appeals may, within 60 days after the posting and service of the order, petition the circuit court for an injunction or seek to have the order reviewed as may otherwise be provided by law.
(1989 Code, § 151.101) (Ord. 1073, passed - -1967; Am. Ord. 2088, passed 1-9-1995; Am. Ord. 2871, passed 8-24-2015)