(A) Establishment. A board consisting of the Director of Public Works, the City Auditor and the Director of Law, or representatives appointed by them, shall serve as a Board of Appeals to hear and determine any protests filed by property owners or their agents regarding sidewalk construction, reconstruction or repair. (Adopting Ordinance)
(B) Authority.
(1) Protests filed prior to work. If protests are filed prior to doing the work called for by the notice from the Engineer, the Board of Appeals shall have authority to modify, alter or revoke any such notice as to the amount or type of work required or the time in which it must be completed, consistent with City ordinances and the specifications regarding sidewalk, curb and gutter construction, reconstruction or repair. The Board shall also have the authority to waive strict compliance with such requirements when such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition.
(2) Protests filed after work completed. If protests are filed after the work provided for in the notice to the property owner has been done, the authority of the Board of Appeals shall be limited to determining that the amount of the bill is correct and is charged against the correct property and that the work was done in accordance with the notice to the property owner. If the Board finds that an amount has been incorrectly charged against the property, but work has been done for which the City contractor is entitled to payment, it may order such payment made from the funds provided for the payment of the City’s portion of sidewalk work.
(Ord. 253-64. Passed 12-22- 64.)
(C) Filing of Protests. Any protest regarding sidewalk and curb construction, reconstruction or repair, or the assessment therefor, shall be filed in writing with the Engineer prior to the passage of the resolution of necessity provided for in Section 1022.09. The Engineer shall notify the person filing such protest of the date and place of the hearing before the Board of Appeals.