(A) If the owner disagrees with the opinion of the Building Official as to either the existence of an alleged violation or the period of time that will be reasonably required for the owner to correct the alleged violations as set forth in the notice of violation and order to repair, the owner may appeal to the Rental Housing Board of Appeals, who is hereby designated to hear such appeals. An occupant of a dwelling shall have standing to appeal any notice or order to vacate the dwelling. The Rental Housing Board of Appeals shall consist of three people appointed by the City Council. The members of the Rental Housing Board of Appeals shall consist of persons who are qualified by experience to pass on matters pertaining to this chapter, which will be one member of the Council, one member of the Planning Commission, and one elector of Memphis. The initial Rental Housing Board of Appeals shall adopt rules of procedure to conduct meetings which shall be made available to all persons upon request.
(1) Any owner or occupant requesting such appeal shall file a written request therefore to the city Inspection Department within ten days after the date of receipt of the notice of violation or within a time for taking any action indicated on a notified or order, whichever time is shorter, and on a form designated by the Building Inspection Department.
(2) As soon as practicable, the Rental Housing Board of Appeals shall fix a time, date and place for a hearing and shall hear testimony and argument from the owner and the Building Official or agent and that such notice shall be deemed to be properly served if a copy thereof is:
(a) Served personally;
(b) Sent by certified mail to the last known address; or
(c) Posted on the land or attached to the property with a copy sent by first class mail to the last known address. Notice given the responsible local agent is deemed as notice given to the owner.
(B) Final notice of violation. Upon observing the continued existence of a violation of this chapter as stated in the notice to repair, the Building Official or enforcing officer shall send a final notice of violation and order to vacate to the responsible local agent. Such notice shall be sent by certified mail to the last known address of the responsible local agent and shall:
(1) Specify the date of the inspection;
(2) Specify the address where the violation was found;
(3) Include the name, telephone number and signature of the inspector;
(4) Include a description of each violation observed by the inspector;
(5) State that each violation is a separate punishable offense; and
(6) Order the premises to be vacated within a time to be set by the inspector, the length of which shall be determined by the extent of the danger to the occupant, but in no case shall it exceed 30 days, or alternately:
(a) Order correction of all violations within a time period not to exceed 15 days;
(b) State that a reinspection will be made to determine whether all violations have been corrected by the specified date. A reinspection fee in an amount established by the City Council will be required paid prior to a reinspection;
(c) State that failure to comply with the notice will result in prosecution; and
(d) Employ any other additional or optional corrective or enforcement measure as provided for under the city ordinances or by law.
(C) Posting final notice of violation. Upon issuing a final notice of violation for a residential rental structure or rental unit, or its accessory building, the city shall affix a copy of the notice on the residential rental structure or unit and deliver a copy of the notice to the occupants, if any.
(D) Nuisance per se. Notwithstanding any provision in this chapter to the contrary, any residential rental structure, or unit that is found to be in such a condition as to preclude habitation or threaten the health, the enforcing officer shall by a majority vote determine the question at hand. The decision of the Rental Housing Board of Appeals shall be binding upon the owner and the city.
(Ord. 224, passed 4-2-2024)