(a) There shall be created a Board of Housing Appeals composed of five residents of the City. The Board shall conduct hearings as authorized by the Code. The term of membership shall be for three years. The Mayor shall appoint two members. The City Council shall appoint three members. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by Council upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally, or by certified mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled for the unexpired term.
(b) The Board of Housing Appeals shall organize and adopt rules in accordance with the provisions of this Code. Meetings of the Board shall be at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the acting chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and all business of the Board shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Clerk of Council and shall be a public record.
(c) Appeals.
(1) Any person served with a notice of violation which has been issued in connection with the enforcement of this Code may request and shall be granted a hearing on the matter before the Board of Housing Appeals, provided that such person files in the Office of the Enforcing Official, a written petition requesting such hearing and setting forth the name, address and phone number of the petitioner and a brief statement of the grounds for such an appeal. The petition shall be filed within ten days after the notice of violation is served. A non refundable fee of fifty dollars ($50.00) shall be paid to the City for such appeal upon filing. Such fees shall be deposited in the General Fund of the City. The Enforcing Official shall forthwith transmit to the Board the petition and all papers constituting the record upon which the action appealed was taken.
(2) Upon receipt of the petition, the Board shall set a time and place for a hearing before the Board of Housing Appeals and shall give the petitioner written notice thereof, seven days notice prior to the hearing date. The matter shall be assigned for hearing within a period not to exceed thirty days after the petition has been filed.
(3) At such hearing the petitioner shall be granted an opportunity to be heard and show cause why any item appearing on such notice should be modified or withdrawn or why the period of time permitted for compliance should be extended.
(4) The Board of Housing Appeals may affirm, modify or revoke the notice provided that such revocation, modification or affirmation is in harmony with the general purpose of this Code.
(Ord. 210119-02. Passed 1-19-21.)