(a) Procedure.
(1) All appeals from a ruling of the Superintendent of the Building Department concerning the enforcement and administration of this chapter shall be heard by the Hearing Board on Dangerous Buildings and Code Appeals. Appeal procedures and Board jurisdiction shall be as set forth in this section.
(2) Appeals from a ruling of the Superintendent concerning the enforcement and administration of this chapter may be made to the Board within ten days from the date of the decision from which the appeal is taken by filing, in writing, with the Building Department, a notice of appeal, specifying the grounds therefor, accompanied by a fee of twenty-five dollars ($25.00) to cover the City's costs of handling the appeal. The Superintendent shall forthwith submit to the Board all papers constituting the record upon which the action appealed from was taken.
(3) The Board shall file at least ten days written notice by regular mail of the hearing to the parties in interest and other interested parties as the Board may direct. The hearing date shall not exceed thirty days from the date of the written notice of appeal. At the hearing any party may appear in person or by his or her authorized agent and shall be given an opportunity to be heard.
(1979 Code Sec. 16.40.120)
(b) Jurisdiction of Board.
(1) The Board shall have the following powers:
A. To hear all cases from owners or operators of property appealing the order to rehabilitate or condemn as may have been issued by the Building Inspector under this chapter;
B. To hear and authorize, upon appeal, a variance from an order of the Building Inspector when, in its opinion, the enforcement thereof would be a manifest injustice and would be contrary to the spirit and purpose of this chapter or the public interest; or when, by reason of some extraordinary situation or condition of the premises in question, the strict application of the terms of the order would result in peculiar, exceptional and practical difficulties or undue hardship upon the owner or operator thereof.
(2) No variance shall be granted by the Board, which variance will cause substantial detriment to the public good or which will substantially impair the intent and purpose of this chapter. No variance shall be granted unless the Board finds that the following conditions exist:
A. Granting of the variance will not impair an adequate supply of light and air to adjacent property.
B. Granting of the variance will not increase the danger of fire or impair the public health, welfare and safety.
C. Granting of the variance will not increase congestion in the public streets or unreasonably diminish or impair property values in the surrounding area, or in any other respect impair the health, safety or general welfare of the general public.
(1979 Code Sec. 16.40.130)
(c) Decisions of Board. In exercising the powers conferred upon it, the concurring affirmative vote of three members shall be necessary to reverse or modify any order, requirement, decision or determination of the Building Inspector or to permit a variance from the strict application of this chapter. Every decision of the Board shall be in writing and shall be passed upon conclusions of fact supporting the decision. The testimony given before the Board shall be under oath. A copy of the decision of the Board shall be certified by the Secretary and mailed to the appellant. A copy shall be retained on file in the office of the Building Department, and a copy shall be filed with the City Clerk for transmittal to Council.
(1979 Code Sec. 16.40.140)
(d) Conditions for Granting of Variances. The Board, when granting a variance pursuant to this chapter, may specify the manner in which the variance shall be carried out and may require other improvements or safeguards for the protection of the health, safety and welfare of the general public. The Board, specifically, may designate a period of time after which the permitted variance shall expire.
(1979 Code Sec. 16.40.150)