(a) There is hereby established a Housing Appeals Board by and for the municipality, which Board shall consist of three members and which Board shall conduct hearings authorized by this Housing Code.
(b) Board members shall be appointed by Council for overlapping terms of three years. One of the first members shall be appointed for one year, one for two years and one for three years. Each member shall serve until a successor is appointed. Thereafter, each member shall be appointed for a full three-year term. To be eligible for appointment to the Board, a person shall be a citizen of the United States and a resident of the municipality.
(c) The Board shall adopt rules of procedure not inconsistent with this Housing Code and elect such officers as it sees fit. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Two members of the Board in attendance at any meeting shall constitute a quorum.
(d) Board members may be compensated as provided by Council from time to time.
(e) The Board shall interpret the intent of this Housing Code in specific cases where, upon appeal, it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any provision of this Housing Code. Where such undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the dwelling will vary only a reasonable minimum from the literal application of such provision, but will comply with the spirit and intent of the provision, with respect to sanitation, safety and rehabilitation. Hardship variances may be granted due to the number or nature of the orders to, and the efforts of, the owner to comply. The purpose of the variance is to provide a reasonable time to complete the work required for compliance. The variance shall not be issued to allow for long-term noncompliance with this Housing Code and must be clearly within the intent of the Housing Code. All decisions to permit a variance under this section shall be made by a majority vote of the total membership of the Board.
(Ord. 11-1977, passed 5-16-1977)