1444.01 Code Hearing Board.
1444.02 Authority to request variances and to appeal.
1444.03 Hearings and decisions on variances and appeals.
1444.04 Appeals from decisions of Code Hearing Board.
1444.05 Reports to Council.
CROSS REFERENCES
Variances from Subdivision Regulations - see P. & Z. 1242.03
Variances from Zoning Code - see P. & Z. Ch. 1260
Variances from flood plain regulations - see B. & H. 1464.32
(a) Establishment. There is hereby established a Code Hearing Board, to be appointed by Council and to consist of at least five members, who shall serve without compensation, but who may be reimbursed for necessary reasonable expenses. Their terms of office shall be for three years, except for those first appointed, whose terms shall be so fixed that the term of office of at least one member expires each year. An appointment to fill a vacancy shall be only for the unexpired portion of the term.
(b) Qualifications of Board Members. Two members of the Board shall be knowledgeable in building construction, two members shall be knowledgeable in property management and real estate and one member shall be a home owner within the City. All members shall be residents of the City.
(c) Powers and Duties. The Board shall have the following powers and duties:
(1) Interpretation. On appeal from a determination of the Codes Administrator or his or her authorized representative, or on request of any Municipal official, the Board shall decide any question involving the interpretation of this Building and Housing Code.
(2) Variances. The Board may grant a variance from the strict application of this Building and Housing Code. Such a variance may be granted only in those cases where a strict interpretation of this Building and Housing Code would result in practical difficulty or unnecessary hardship and where the public health and safety will not be jeopardized by the granting of such variance.
(3) Appeals. The Board shall hear all appeals made to it and, depending on its findings, shall decide whether or not to affirm or overrule the decision appealed.
(Ord. 4153. Passed 9-26-79.)
Any person desiring a variance or aggrieved by a decision of the Codes Administrator or his or her authorized representative charged with the administration and enforcement of this Building and Housing Code may make his or her request for the variance, or take an appeal, to the Code Hearing Board. All appeals shall be made in writing, stating the grounds upon which the appeal is based, and shall be transmitted to the office of the Codes Administrator. An appeal must be taken within fifteen days of the action or of the receipt of written notice of any decision or ruling which is being appealed.
(Ord. 4153. Passed 9-26-79.)
(a) Public Hearing. The Code Hearing Board shall meet and conduct a hearing within thirty days of the receipt of an appeal or a request for a variance. All hearings shall be public and all persons whose interest may be affected shall be given an opportunity to be heard. A record shall be kept of all evidence and testimony presented at the hearing.
(b) Decision of Board. All decisions of the Board shall be in writing and a copy of each decision shall be sent to the applicant and to the Codes Administrator. The Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Such decision shall set forth fully the reasons for the decision of the Board and the findings of facts on which the decision was based. The Board shall make an order based on its decision and the Codes Administrator shall take immediate action to carry out such order.
(Ord. 4153. Passed 9-26-79.)
Any person aggrieved by a final order or decision of the Code Hearing Board may appeal such order or decision, within thirty days, to the Court of Common Pleas in accordance with, as far as practical, the Rules of Civil Procedure of the Supreme Court regarding appeals from administrative agencies.
(Ord. 4153. Passed 9-26-79.)
The Code Hearing Board shall report to Council periodically, at intervals of not less than twelve months, summarizing the Board's activities of the twelve-month period. The Board may also submit to the City Manager advisory reports recommending changes and modifications in this Building and Housing Code or in other applicable codes and ordinances.
(Ord. 4673. Passed 7-13-94.)