(a) Appeal Procedure.
(1) Any owner aggrieved by a decision of the code official made pursuant to this chapter (except for decisions to commence enforcement proceedings or obtain a warrant in a court of competent jurisdiction) may request a hearing on the matter before the Housing Board of Appeals. Examples of decisions that can be appealed include decisions to revoke or withhold a certificate of compliance and decisions to deny a fee waiver under Section 858.06. The aggrieved person shall file a written appeal request to the code official requesting the hearing. The appeal request shall include the name, address and phone number of the appellant, and a brief statement of the grounds for the appeal.
(2) Any appeal request submitted under this section shall not be processed until payment of the applicable appeal fee.
(3) The appeal must be filed within 21 days after the date of the decision being appealed (which shall be the date when the owner or agent first received notice of the decision). Failure to file the written notice of appeal within the 21-day period shall be deemed a waiver of the person's right to a hearing. Upon timely receipt of an appeal, the code official shall set a time for a hearing before the Housing Board of Appeals and shall give the appellant notice of the date, time and location for the hearing.
(b) Hearings.
(1) Hearings shall be commenced within a reasonable time after an appeal has been filed. At such hearings the appellant shall be given an opportunity to be heard and to show cause as to why the code official's decision was in error. The code official shall be given the opportunity to provide information about the decision being appealed.
(2) The Housing Board of Appeals shall conduct the hearing in a public meeting accordance with the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended, M.C.L.A. 15.261 et seq.
(3) After a hearing, the Housing Board of Appeals may affirm, reverse, or modify the decision of the code official. In rendering these determinations, the powers of the Housing Board of Appeals shall be limited to interpreting the provisions of this chapter and the applicable codes and applying their specific provisions to the specific case being heard.
(c) Decision. The decision of the Board of Appeals shall be final.
(Ord. 516. Passed 10-7-14.)