[Amended 4-25-2022 by Ord. No. 34-2022]
A. Any person aggrieved by a decision of the Property Maintenance Division, including suspension, nonrenewal, denial or revocation of a mobile vendor license, may appeal to the Code and License Appeals Board. Such appeal must be filed, in writing, with the Administrator of the Property Maintenance Division, with the appropriate filing fee, within 10 working days from the date of receipt of the decision of the Property Maintenance Division.
(1) Oaths and subpoenas. The Board shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(2) Quorum and majority vote. Four members shall constitute a quorum of the Board. A majority of the members of the quorum of the Board shall prevail. A tie vote shall be deemed as a denial of the appeal.
B. Powers. The Board shall have the following powers:
(1) Hear and decide appeals. To hear and decide appeals where it is alleged there is error in any decision of the Property Maintenance Division in the enforcement of this Part.
(2) Grant modification or variance. To modify any notice of violation or order and to authorize a variance from the terms of this Part when because of special circumstances, undue hardship would result from literal enforcement, and where such variance substantially complies with the spirit and intent of the Part.
(3) Grant extension of time. To grant a reasonable extension of time for the compliance, as described in the City's Property Maintenance Code15 and other applicable sections of the City of Reading Code of any order where there is a demonstrated case of hardship and evidence of bona fide intent to comply within a reasonable time period.
(4) Timeliness. In exercising the above-mentioned powers, the Board shall act with reasonable promptness and seek to prevent unwarranted delays prejudicial to the party involved and to the public interest; provided, however, that the Board shall file its decision within 10 working days after the appeal hearing.
(5) Recommend amendments to this Part to the Council of the City of Reading.
C. The Property Maintenance Division decision and all records of final disposition of the matter outlined in the appeal shall be public and available for inspection; provided, however, that the Property Maintenance Division may prescribe reasonable regulation regarding the time and manner of inspection.
D. Affect of appeals. Any decision issued under, per, and in accord with this Part, shall be held in abeyance upon the timely filing of an appeal thereof with the Vending License Board of Appeals.
E. Fee and costs. The fee for filing of an appeal to the Code and License Appeals Board shall be as provided in Chapter 212, Fees. Failure to submit the appropriate fee with the request for an appeal shall result in automatic denial of the appeal. In addition to said fee, the appellant shall be responsible for all costs incurred to conduct a hearing beyond that covered by the fee.16
15. Editor's Note: See Ch. 180, Construction Codes, Part 14, International Property Maintenance Code.
16. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).