(a) Appeals Board. To implement the purposes and requirements of this Exterior Property Maintenance Code, the Board of Zoning Appeals, hereinafter referred to as the Board, will hear appeals for violations issued under the Exterior Property Maintenance Code. The Board of Zoning Appeals is authorized to hear Exterior Property Maintenance Code appeals filed but not heard prior to the effective date of this section.
(1) Procedure. Said Board may adopt rules of procedure not inconsistent with this Code. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
(2) Authority. The Board shall hear all appeals relative to the enforcement of this Code, and by a concurring vote of the majority of its members may reverse or affirm, wholly or partly, or may modify the decision appealed from, and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes to reverse or modify shall be deemed a confirmation of the decision of the Code Official.
(b) Hearings. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this Exterior Property Maintenance Code may request and shall be granted a hearing on the matter before the Board of Zoning Appeals, provided that such person shall file in the office of the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee an appeal on forms provided by the City. The appeal shall be filed within ten days after the date of the notice or order has been served and shall be accompanied by a cash bond in the amount of one hundred dollars ($100.00). The appeal shall not stay the order to abate the nuisance. Upon receipt of such a petition, the Appeals Board shall set a time and place for a hearing before the Appeals Board and shall give the petitioner written notice thereof by first class mail postmarked at least ten days prior to such hearing. The hearing shall be held no less than ten days and no more than 30 days from the date the petition was filed. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his representative to appear and state his case at such hearing shall have the same effect as if no petition were filed.
(c) Findings. Prior to sustaining any violation notice and compliance order, the Board shall make the following findings:
(1) The violator was served with a notice of violation and/or citation tag as provided for in Section 1460.11.
(2) The notice of violation that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for abatement of the violation.
(3) Within the time period stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation, and/or by not bringing the use into compliance with the Exterior Property Maintenance Code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of the Exterior Property Maintenance Code and/or conditions imposed by the Board as a prerequisite to the modification of a previous compliance order.
(d) Disposition of Bond. The Board shall order the cash bond deposit returned to the appellant if the departmental order is revoked or overruled, or retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Board. The Board shall order the cash bond deposit paid to the city if proper documentation is presented to the Board that the City abated the nuisance. The cash bond shall be applied to defray the abatement expense incurred by the City.
(e) Authority of the Board. Within 30 days of the close of the public hearing, the Board shall render a decision sustaining, modifying, or withdrawing any item appearing on the notice and order. The petitioner shall be notified in writing of such action.
(Ord.13-53. Passed 11-18-13; Ord. 14-36. Passed 8-4-14.)