There is hereby established and created an Appeals Board of the county, hereinafter called the County Property Maintenance Code Enforcement Appeals Board, for the purpose of hearing and deciding cases where any person subject to enforcement by this chapter alleges that there is an error by the Code Enforcement Officer.
(A) Membership.
(1) The County Property Maintenance Code Appeals Board shall consist of five members, who shall be appointed by the County Judge/Executive, subject to the approval of the County Fiscal Court. All members shall be residents of the unincorporated area of the county.
(2) The terms of office for the members of the County Property Maintenance Code Appeals Board shall be for three-year staggered terms to be made as follows: all members shall be appointed for a term of three years or until their successors are appointed or qualified. Vacancies shall be filled in the same manner as original appointments are made. Members shall serve without compensation.
(3) A majority of the members of the County Property Maintenance Code Appeals Board shall constitute a quorum for all purposes. A decision reached by a quorum of the County Property Maintenance Code Appeals Board present at a properly called meeting shall constitute a decision of the entire Board.
(4) No employee of the county or a member of the County Fiscal Court shall be appointed to the County Property Maintenance Code Appeals Board. No member of the Board shall hear an appeal in a case in which he or she has a financial interest. Service on another Board appointed by the county shall not disqualify a person a membership of this Board.
(B) Duties of Board.
(1) The Board shall have the power to hear and decide appeals where it is alleged by the any person that there is error in any order, requirement, decision, determination or refusal made by the enforcement officer or other administrative official in the carrying out of this chapter, and for interpretation of this chapter.
(2) Upon receipt of an appeal from an alleged violator, the County Property Maintenance Code Appeals Board shall convene a hearing to consider the appeal within 15 days of the Code Enforcement Department’s receipt of the notice of appeal. All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail, no later than seven days prior to the date of hearing. The Board shall render a decision within five working days after the hearing.
(3) At the hearing, the County Property Maintenance Code Appeals Board shall hear all relevant evidence and argument.
(4) The Board may affirm, repeal or modify the order or decision of the Code Enforcement Officer.
(a) Before any decision to affirm, repeal or modify a decision of the code official, the Board must make written finding which shall be included with the record of the proceedings.
(b) The Board shall not possess the power to grant any variance or waiver from the laws of the commonwealth, or the ordinances of the county.
(C) The County Property Maintenance Code Appeals Board is authorized to promulgate its own rules and procedures consistent with this chapter.
(D) Any interested party, including the County Fiscal Court, wishing to appeal the determination of the County Property Maintenance Code Appeals Board shall have the right to appeal to a court of competent jurisdiction. Such appeal shall be filed within 30 days of the date of the determination of the Board.
(Ord. 2000-15, passed 12-11-2000)