(A) Creation. A Housing Board of Appeals is hereby created to provide a reasonable interpretation of the provisions of this Code and to give relief where unnecessary hardship would result from carrying out the strict letter of this Code. The duty of the Board shall be to consider appeals from decisions of officials charged with the enforcement of this Code and to determine in particular cases whether any deviation from the strict enforcement of this Code will violate the intent of this Code or jeopardize the public health, safety and welfare.
(B) Membership and appointment. The Building Fire and Sanitary Sewer Board of Appeals shall perform the duties of the Housing Board of Appeals.
(C) Public meetings.
(1) The Housing Board of Appeals shall meet in a fixed place, and all meetings shall be open to the public.
(2) When an appeal has been properly filed and is to be considered, the Housing Board of Appeals shall give at least ten days' notice of the time and place of the hearing in a daily newspaper of general circulation in the city. The Housing Board of Appeals shall also give five days' notice by personal service or by mail to the applicant, and Fire Official, and, when an appeal applies to the condition or appearance of the outside of a building or to conduct by an occupant which the Housing Board of Appeals reasonably believes may adversely impact neighboring properties, to any person to whom real property is assessed that is within 100 feet of the premises of the appeal, and such notice will be addressed to the respective owners at the address given on the last assessment roll. Any party may appear at such hearings in person or by agent.
(D) Rules, minutes and records. The Housing Board of Appeals shall adopt its owns rules or procedure and keep a record of its proceedings, showing the action of the Board. Such records shall be considered public records.
(E) Appeal cases. Any person affected by any notice and order which has been issued in connection with the enforcement of this Code who has not otherwise been offered a hearing under this Code may request and shall be granted a hearing on the matter before the Housing Board of Appeals, provided that such person shall file in the office of the Fire Official a written petition requesting such hearing and setting forth the name, address, and phone number of the petitioner and a brief statement of the grounds for such hearing. Petition shall be filed within ten days after the day the notice of order is served. Upon receipt of such a petition, the Fire Official shall set a time for the hearing before the Housing Board of Appeals and shall give the petitioner written notice thereof.
(F) Fee for appeal cases. A fee shall be paid to the City Treasurer before filing a petition as set forth in division (E) above. The Commission shall set this fee by resolution.
(G) Stay of order. Any determination made by the Fire Official which is appealed to the Housing Board of Appeals under division (E) above shall be stayed until a disposition of the appeals is made by the Housing Board of Appeals.
(H) Action of Board. After a hearing, the Housing Board of Appeals shall sustain, modify, or withdraw the notice and order depending upon its findings. If it clearly appears that, by reason of special conditions, undue hardship would result from the strict application of any section of this Code, the Housing Board of Appeals may permit a variance from the mandatory provisions thereof in such a manner that the public safety shall be secured, substantial justice done, and the spirit of the provisions of this Code upheld. All decisions to permit a variance under this section shall be by a majority vote of the total membership of the Board, excluding the alternate member.
(Ord. 927, passed 5-14-07; Am. Ord. 1089, passed 8-14-23)