(a) An owner, as defined in Section 1726.01(b), of a property, location or structure declared by the Director [or his/her designated representative], to be in violation of this housing code, and ordered to make necessary repairs within thirty days, or within seventy-two hours in case of an emergency situation or assessed a housing code non-compliance fee, may appeal the orders, summary abatement or fee by a written request for a hearing with the Nuisance Abatement Housing Appeals Board within ten (10) calendar days from the date on the housing orders/non-compliance fee, or no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays) of a summary abatement notice or notice of unfit conditions. The written request shall be made to the Director of the Department of Neighborhoods and must be accompanied by an application fee in the amount of one hundred fifty dollars ($150.00). The appeal request does not stay the order to comply with the housing orders.
(1) A summary abatement appeal hearing, non-compliance fee appeal or regular abatement appeal hearing if properly requested, shall be held at the first regularly scheduled meeting of the Nuisance Abatement Housing Appeals Board after the written request is received.
(b) The hearing shall be conducted by the Nuisance Abatement Housing Appeals Board comprised of the Director of Law, the Commissioner of Health and the Director of Public Safety, or their respective designated representatives or the Board of Building Appeals as defined in TMC Chapter 1319.
(1) The Appeal Board, after hearing the matter, may amend, modify, revoke or uphold the notice or order, and may extend the time for compliance with the order by the owner by such date as the majority of the board may determine.
(2) The Appeal Board, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The Appeal Board, however, shall render a written decision on the matter within seven business days after the hearing.
(3) The Appeal Board shall order the cash bond deposit returned to the appellant if the departmental order is revoked or overruled, or retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Appeal Board. The Appeal Board shall order the cash bond deposit paid to the City if proper documentation is presented to the Appeal Board that the City made the necessary repairs. The cash bond shall be applied to defray the abatement expense incurred by the City.
(4) The ruling or decision of the Appeal Board is a final appealable order; but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.
(Ord. 134-15. Passed 3-31-15.)