(a) There is hereby created a Property Maintenance Appeals Board consisting of five members, who shall be appointed by the Mayor for overlapping terms of three years.
(Ord. 2013-007. Passed 1-7-13.)
(b) Members of the Board shall be citizens of the United States and residents of the City and shall serve without compensation. The Board shall adopt procedures as it deems necessary to carry out the intent of this Code and all decisions and findings shall be made part of the public record.
(c) Any person aggrieved by a notice of the Property Maintenance Officer issued in connection with any alleged violation of this Code or of any applicable rules issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Property Maintenance Appeals Board for a reconsideration of such notice or order, provided that such application is made within fourteen days after the date the notice or order was issued, upon a form and in such manner as required by the Board. Such application shall be accompanied by a deposit of fifteen dollars ($15.00).
(d) The Property Maintenance Appeals Board, upon the receipt of an appeal, shall set a time and place for the hearing within ten days of the receipt of the application and shall advise the applicant in writing of such time and place at least seven days prior to the date of the hearing.
(e) At such a hearing the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended or withdrawn or why a variance should be granted.
(f) The Property Maintenance Appeals Board, by a majority vote, may sustain, modify or withdraw any notice or order. In granting extensions or variances of any notice or order, the Appeals Board may consider the following conditions:
(1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
(2) That such an extension or variance is in harmony with the general purpose and intent of this Code in securing the public health, safety and general welfare.
(g) The Appeals Board shall also have authority to hear appeals from decisions of the Property Maintenance Officer in applying the policy that structures that have been altered to increase the number of dwelling units will be divided into three categories:
(1) Structures that are shown to have been altered before 1942 and structures that have had City approval for alteration will be automatically approved upon submission of an application and fee.
(2) Structures that are shown to have been altered between 1942 and 1985 will be subject to approval and conditions set at a public hearing of the Property Maintenance Appeals Board. The Appeals Board shall use criteria that were in effect prior to 1985 and a common sense approach to approval.
(3) Owners of structures that are shown to have been altered after 1985 must appear before the Planning Commission at both a public hearing and a conditional use hearing. The conditions of the Zoning Code must be met. Additional approval of the Board of Zoning Appeals may be required if sub-standard conditions exist.
(Ord. 1993-38. Passed 6-7-93.)