(a) There is hereby established the Housing Board of Adjustments and Appeals, hereafter referred to as the Board, which shall consist of five members. Such Board shall be composed of two tenants, two landlords and one homeowner. The homeowner shall not be a landlord and no member shall be an employee of the City. The Board shall receive staff assistance from existing City employees assigned by the City Manager.
(b) Of the members first appointed, two shall be appointed for terms of one year, two for terms of two years, one for a term of three years, and thereafter they shall be appointed for terms of four years. Any member who is absent from three consecutive meetings shall be removed from office.
(c) Three members of the Board shall constitute a quorum in modifying an order of the Inspector, and the affirmative votes of the majority present shall be required. In varying the application of any provisions of this article, not less than four affirmative votes shall be required. No Board member shall act in a case in which he or she has a personal interest.
(d) The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this article.
(e) Any person who feels aggrieved by any ruling or other official act of the Inspector may, prior to expiration of the time sequence order, petition the Board for a hearing and review of the ruling of the Inspector concerning any matter in issue.
(f) The Board shall, upon receipt of the petition, hold a hearing within fourteen days. At the hearing the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn.
(g) The Board shall have the power to affirm, modify or revoke the notice or order and may grant variances from the provisions of this article or from applicable rules and regulations issued pursuant thereto when the Board finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this article and applicable rules and regulations pursuant thereto, that strict adherence to such provisions would be arbitrary in the case at hand, and that such variance is in harmony with the general purpose of this article to secure the public health, safety and welfare. In no case shall the Housing Board of Adjustments and Appeals act on a request for the modification of the application fee or grant relief from mandatory inspections.
(h) Should such hearing and review before the Board result in a decision adverse to the petitioner, the petitioner may appeal from the decision of the Board to the County Circuit Court, provided that such appeal shall be taken within sixty days from the date of the final decision of the Board.
(i) Should the Board find for the petitioner on an administrative appeal, the appeals fee shall be refunded to the petitioner. (Ord. 99-07. Passed 6-10-99.)
MINIMUM PROPERTY STANDARDS
Next Doc