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Any person, firm or corporation, aggrieved by a decision of the Building Official or his or her designee regarding the provisions of this Chapter may appeal such decision to the Housing Appeals Board. The words "the Board" or "Board", as used in this Chapter, mean the Housing Appeals Board.
(a) Appeals. For the purpose of this section, "PERSON" shall include any entity which owns, leases, holds, or has any interest in commercial or industrial property in the City. Any person affected by any notice and order which has been issued in connection with the enforcement of any of the provisions of this Chapter may request and shall be granted a hearing on the matter before the Board. The person shall file, in the Office of the Division of Building Inspection, a written request for the hearing and shall set forth the name, address, and phone number of the appellant and a brief statement of the grounds for the hearing and appeal from any order of the Building Official or his or her designee. Requests shall be filed within ten days after the day the notice and order is served and shall be accompanied by a deposit of fifteen dollars ($15.00), which deposit shall be non-refundable. On receipt of the request, the Division of Building Inspection shall promptly notify the Clerk of the Housing Appeals Board who shall set a time and place for a hearing before the Board. The hearing shall be held within a reasonable time after a request has been filed. At the hearing, the appellant shall be given an opportunity to be heard and to show cause why the notice and order should be modified or dismissed, or why a variance should be granted. The failure of the appellant or his or her representative to appear and present his position at the hearing shall be grounds for dismissal of the request.
(b) Notice. Written notice of the meeting of the Board shall be given by the Division of Building Inspection to the appellant. The notice shall be sent by ordinary U.S. mail at least five days prior to the date of the hearing before the Board. Notice of the agenda to be heard by the Board shall be on file for public viewing in the Division of Building Inspection at least ten days prior to the meeting of the Board. The Law Department of the City shall be notified of the hearing.
(c) Variances. The Board shall interpret the intent of this Chapter in specific cases where, on appeal, it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any section of this Chapter. Where undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the structure will vary only a reasonable minimum from the literal provisions of this Chapter but will comply with the spirit and intent of this Chapter with respect to sanitation, safety, and rehabilitation.
(d) Decisions. On hearing, the Board may affirm, disaffirm, modify, or dismiss the notice and order, or grant a variance from the notice and order, by a majority vote of the members of the Board who are present. Failure to secure a majority vote of the Board members shall be deemed a confirmation of the decision of the Building Official or his or her designee. The Appellant and the Building Official shall be notified in writing of the findings.
(e) Records. The proceedings at the hearings, including the findings and decision of the Board and reasons therefor, shall be summarized in writing and entered as a matter of public record in the Office of the Division of Building. The record shall also include a copy of every notice and order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State.
(Ord. 11-021. Passed 3-14-11.)