§ 151.159  APPEALS PROCEDURE.
   (A)   Appeals procedure. Any person affected by any notice of violation(s) which has been issued under this chapter may request and shall be granted a hearing on the matter before the Housing Board of Appeals, as established by § 12.019 of the code. The affected person shall file a written appeal in the office of the Chief Inspector requesting the hearing. The appeal shall include the name, address, and phone number of the appellant and a brief statement of the grounds for the hearing. The appeal shall be filed within 21 days after the day the notice of violation or order is served. Failure to file the written notice of appeal within the 21-day period shall be deemed a waiver of the person’s right to a hearing or to otherwise contest the notice of violation(s) or order. Upon timely receipt of an appeal, the Chief Inspector shall set a time for a hearing before the Housing Board of Appeals and shall give the appellant written notice of the date, time, and location for the hearing.
   (B)   Hearings. Hearings shall be commenced within a reasonable time after an appeal has been filed. At such hearings, the appellant shall be given an opportunity to be heard and to show cause why the notice of violation or order should be modified or withdrawn. Such hearings shall be open to the public.
   (C)   Decisions and powers of Housing Board of Appeals.
      (1)   After a hearing, the Housing Board of Appeals may sustain, modify, or withdraw the notice of violation or order depending upon its findings. In rendering these determinations, the powers of the Housing Board of Appeals shall be strictly limited to making interpretation of the provisions of this chapter, to the applicability of its specific provisions to the specific case being heard, and to granting variances to the provisions of this chapter. In granting variances, this Board shall be allowed to grant a variance if it clearly appears that, by reason of special condition, undue hardship would result from strict application of any section of this chapter.
      (2)   In these cases the Board may permit a variance from mandatory provisions thereof in such a manner that the public safety shall be secured, substantial justice done, and the spirit and intent of the provisions of this chapter are upheld. In no case shall this Board grant a variance which would lessen the safety, health, and welfare requirements of this chapter. Any variances granted shall be for this chapter and shall not and cannot waive the requirements and provisions of any other applicable code, ordinance, or law. All decisions rendered under this section shall be in writing and shall be final. A copy of the decision shall be mailed to the appellant at the address shown on the appeal.
      (3)   The failure of the appellant, or his or her representative, to appear and state his or her case at the hearing shall have the same effect as if no appeal was filed and the Board shall proceed to deny the appeal and affirm the notice of violation or order.
   (D)   Meetings. The Housing Board of Appeals shall meet in a fixed place and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the actions of the Board, and the vote of each member upon each question considered. These records shall be considered public records.
   (E)   Appeal of Board decision. The decision of the Housing Board of Appeals shall be final. However, a party aggrieved by the order of decision of the Housing Board of Appeals may appeal the decision to a court of competent jurisdiction as provided by state statute(s) and court rule(s).
(Prior Code, § 151.134)  (Ord. D-1595, passed 7-31-1989, effective 9-1-1989; Ord. D-1855, passed 6-15-2000, effective 6-25-2000; Ord. D-1652, passed 2-10-1992, effective 2-10-1992; Ord. D-1911, passed 1-28-2002, effective 2-7-2002; Ord. O-182, passed 6-6-2016, effective 6-16-2016)