(A) Membership and Terms. There is created a property review commission consisting of five (5) members appointed by the Mayor and confirmed by the City Council. It is recommended that the membership of this commission consist of one (1) physician or public health nurse, one (1) realtor or representative of a real estate mortgage lending institution, one (1) architect, engineer or contractor and two (2) members from the city at large. Of the members first appointed, two shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, and one (1) for a term of three (3) years, and at the expiration of these staggered terms, all members shall be appointed for terms of four (4) years. Vacancies shall be filled for an unexpired term so as to expire in the manner in which the original term would have expired. Continuous or frequent absences of a member from regular or special meetings of the commission shall, at the discretion of the Mayor, render such member liable for immediate removal from office, which office shall be declared vacant.
(B) Quorum. Three (3) members of the commission shall constitute a quorum. In conducting the business of the commission, three (3) or more affirmative votes shall be required.
(C) Chairman. The members of the commission shall elect one (1) member as chairman. The commission shall have the power to administer oaths, and affirmations, examine witnesses and receive evidence.
(D) Rules and Regulations. The commission shall establish rules and regulations for its procedure that are not inconsistent with provisions of this title.
(E) Appeals Procedure. Except as otherwise provided in this title, any person affected by any decision or order of the building administrator may appeal to the property review commission by filing a written notice of appeal together with a copy of the decision or order within ten (10) days after the date of the decision or order appealed from. After a hearing, the commission may affirm, reject or modify the decision or order or may remand the matter to the building administrator for additional action. The decision of the commission shall be final subject to any remedy that the aggrieved person has under law. The decision shall be in writing and filed in the records of the building administrator with a copy, duly certified by the building administrator, given to any aggrieved party. The owner will then have ten (10) days from the notice of the decision to initiate remedial action unless a longer time is allotted by the commission. Pursuant to KRS 99.700 et. seq., eminent domain proceedings may be initiated following ninety (90) days from the date of note.
(F) Variance. Where, because of conditions peculiar to a tract of land or to a building or other structure it would be unreasonably difficult to meet the literal requirements of this code, a variance may be granted by the commission. A written application for the variance shall be filed with and in the records of the building administrator which shall fully state the variance requested and the reasons that such variance only where it finds that this code cannot be reasonably complied with and where it is evident that safety and sanitation will be and continue to be present.
(G) Meeting Records. The hearings held by the commission need not be reported, but one (1) member of the commission shall be designated at each hearing, or the secretary of the commission should one be provided, shall make a list of all aggrieved persons and whether they are present or absent and a list of all witnesses present who testify or offer to testify and whether each of them is in favor or against the issue or matter before the commission for the hearing. Nothing herein shall prevent any party, at their discretion and expense, from having the hearing reported by a reporter either by manual means or by tape. However, prior to any hearing to be so reported, the reporter shall be sworn to well and truly make a complete records of all proceedings, transcribe same if manually reported, and file the original transcript or tape with and in the records of the building administrator.
(Ord. 90-02 § 2 (A) (6), 1990)