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[Amended 9-11-2017 by Ord. No. 86-2017; 6-14-2021 by Ord. 45-2021]
The Code and License Appeals Board shall have the following powers:
A. Promulgate rules and regulations. To adopt and administer the rules of procedure regarding its organization, officers (except the Chairperson), times and places of meetings, conduct of meetings and other legal procedures relating to the hearing and determination of appeals and other matters within the Board's jurisdiction.
B. 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.
C. Hear and decide matters.
(1) To hear and decide matters regarding the revocation of a business privilege license where it is alleged that one of the criteria set forth herein has been violated. The Board is also authorized to hear appeals of refusals of business privilege license or cease operations order.
(2) To hear and decide matters regarding appeals to the Property Maintenance Code.
(3) To hear and decide matters relating to appeals of the Solid Waste Code, which includes solid waste, dumpsters and recycling.
(4) To hear and decide matters relating to appeals of the Housing Ordinance, including appeals to issued disruptive conduct reports.
(5) To hear and decide matters relating to appeals of the Vending Machine Ordinance.
(6) To modify any notice of violation or order and to authorize a variance from the terms of this code 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 Code.
(7) To grant a reasonable extension of time for the compliance, as described in the City's Property Maintenance Code (Chapter 180, Part 13) and other applicable sections of the Code of the City of Reading of any order where there is a demonstrated case of hardship and evidence of bona fide intent to comply within a reasonable time period.
(8) To hear and decide appeals relating to Chapter 576, Part 13 Motorized Devices and All-Terrain Vehicles.
(1) 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 hold a hearing on any founded appeal at stated periodic meeting but in no event later than 30 days after receipt of the application and shall file its decision within 10 days after the appeal hearing.
(2) The decision of the Board shall be filed with the Managing Director, the Solicitor and the City Clerk. Copies of the decision shall be sent by first class mail to the appellant within 10 days of the Board's decision.
(1) The Board is empowered to find no cause for the revocation of a business privilege license or cause to revoke a business privilege license by a majority vote of the appointed members. The Board shall be bound by this Part and shall not ignore the clear provisions and intent of this Part.
(2) The Board shall modify or reverse the decision of the Solid Waste, Housing, Vending Machine, or the Property Maintenance Code official or City of Reading Police Officer only by a majority vote of the appointed members.
(3) The Administration shall take immediate action in accordance with the decision of the Board.
F. Court review.
(1) Any party to the appeal to the Board shall have to the appeal the decision of the Board to the appropriate court of jurisdiction in the manner and time required by law following the filing of the Board's decision, as per Subsection D(2) herein.
(2) Stays of enforcement. Appeals of decisions of the Board shall stay the enforcement and collection of the bill for costs of abatement of violation of this Part.