Council is hereby authorized to create and appoint a Property Maintenance Appeals Board. The Board shall consist of five members serving overlapping terms of five years.
Members of the Board shall be citizens of the United States and residents of the City and shall serve without compensation. The Board shall adopt procedures as it deems necessary to carry out the intent of this Code and all decisions and findings shall be made part of the public record.
Board members shall be removable for nonperformance of duty, misconduct in office or other cause as determined by Council, upon written charges being filed with Council, after public hearing has been held regarding such charges, and after a copy of the charges has been served upon the members so charged by at least ten days prior to the hearing, either personally by registered mail or by leaving such copy at his/her place of residence. Vacancies shall be filled by appointment of Council and shall be for the unexpired term.
Any person aggrieved by a notice of the Property Maintenance Officer issued in connection with any alleged violation of this regulation or of any applicable rules issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Board for a reconsideration of such notice or order provided such application is made within fourteen days after the receipt of such notice or order and the appeal is made upon a form and in such a manner as required by the Board and accompanied by a fee of fifty dollars ($50.00).
The Board, upon the receipt of an appeal, shall set a time and place for the hearing within ten days of the receipt of such application, and shall advise the applicant in writing of such time and place, at least seven days prior to the date of the hearing.
At such hearing, the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn or a variance granted.
The Board, by a majority vote, may sustain, modify or withdraw any notice or order. In granting extensions or variances of any notice or order, the Board may consider the following conditions:
(a) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
(b) That such an extension or variance is in harmony with the general purpose and intent of this regulation in securing the public health, safety and general welfare.
(Ord. 19-56. Passed 1-6-20.)