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(a) Appeal Rights. Any property owner or tenant subject to an enforcement order issued by the Property Maintenance Enforcement Officer may appeal that order within thirty (30) days of its service pursuant to Section 1303.05(b). A notice of appeal shall be accompanied by the $100.00 administrative fee required by Section 1303.06(c). If the appeal results in the reversal of an order by the board, the appeal fee shall be refunded to the appellant. Any appeal filed more than thirty days after the date of the enforcement order shall be denied as untimely, unless a majority of the Board waives this requirement for good cause shown.
(b) Stay of Enforcement. A timely appeal of an enforcement order, other than an Imminent Danger order, shall stay the enforcement of the order until the appeal is heard by the Board.
(c) Right to Counsel. An appellant may be represented by legal counsel in hearings before the Board.
(d) Procedures. The Board shall adopt procedures under which a hearing will be conducted, and these procedures shall be made available to the public. The procedures shall not require strict compliance with the Rules of Evidence, but shall ensure that only relevant information is received by the Board. All witnesses before the Board shall testify under oath. The Property Maintenance Enforcement Officer shall present evidence and/or witnesses relevant to the Maintenance Ordinance violation(s) and the enforcement orders issued. The Appellant may present any evidence and/or witnesses to show that the challenged enforcement order is invalid.
(e) Decisions by the Board. The Board may modify or reverse an enforcement order of the Property Maintenance Enforcement Officer by a majority vote, to the extent that they find that:
(1) The Maintenance Ordinances were incorrectly interpreted; or
(2) The Maintenance Ordinances do not apply, or
(3) The requirements of the Maintenance Ordinances may be adequately satisfied by other means, or
(4) The specific facts of a case make strict compliance with the Maintenance Ordinances impractical, and the board makes findings relative to a modification under Section 1303.12.
All decisions of the Board shall be reduced to writing by the secretary, and copies shall be furnished to the Appellant and the Property Maintenance Enforcement Officer. The decision shall be immediately filed with the office of the Safety Service Director. The Enforcement Officer shall take immediate action in accordance with the decision of the Board.
(Ord. 2014-02. Passed 3-24-14.)