The Property Maintenance Appeals Board, upon the receipt of a timely filed appeal shall set a time for a hearing within thirty (30) days of the receipt of such application and shall advise the applicant in writing of such time and place, at least seven (7) days prior to the date of the hearing.
At such a hearing the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, withdrawn or a variance granted.
The Board, by a majority vote of the entire Board, may sustain, modify, or withdraw, in whole or in part, any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations, and such order shall be a Final Order as to these administrative proceedings, provided, however, that any order of modification or dismissal shall be effective for two (2) years following the date of issuance of such order, and thereafter, the subject matter of such order or modification or dismissal may be amendable to further inspection, notice, and appeal as set forth herein.
Three (3) members of the Property Maintenance Appeals Board shall constitute a quorum and a concurring vote of three (3) members of the Board shall be necessary to effect an order or resolution.
The Board shall consider only the following in determining appropriate action to be taken, to wit:
(a) That any modification of the original order of the Code Official shall not, in any material way alter the standards of this Code, and shall not affect detrimentally the welfare of either the occupants of the premises or owners of adjacent premises or of the immediate neighborhood; and,
(b) That strict enforcement would constitute an undue and unnecessary hardship on the owner, operator, or agent, by reason of compelling expenditure for repair of the premises which would be substantially disproportionate to any benefit to health, safety, or welfare o the community that might be derived therefrom.
(Ord. 1997-88. Passed 12-17-97.)