(a) Appeals Board Established. To implement the purposes and requirements of this Exterior Property Maintenance Code, there is hereby established the Exterior Property Maintenance Code Appeals Board, hereinafter referred to as the Board. For the purposes of this Code, the City of Trenton Board of Zoning Appeals shall function as the Exterior Property Maintenance Code Appeals Board.
(1) Procedure. Said Board may adopt rules of procedure not inconsistent with this Code. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
(2) Authority. The Board shall hear all appeals relative to the enforcement of this Code and, by a concurring vote of the majority of its members, may reverse or affirm, wholly or partly, or may modify, the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the inspector.
(b) Hearings. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this Exterior Property Maintenance Code may request and shall be granted a hearing on the matter before the Exterior Property Maintenance Code Appeals Board, provided that such person shall file in the office of the Enforcement Officer an appeal on forms provided by the City. The appeal shall be filed within ten days after the date of the notice and order, or after the date of revocation or denial of a permit. Upon receipt of such a petition, the Appeals Board shall set a time and place for a hearing before the Appeals Board and shall give the petitioner written notice thereof by first class mail, postmarked at least ten days prior to such hearing. The hearing shall be held no less than ten days and no more than thirty days from the date the petition was filed. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his or her case at such hearing shall have the same effect as if no petition were filed.
(c) Findings. Prior to sustaining any violation notice and compliance order, the Appeals Board shall make the following findings:
(1) The violator was served with a notice of violation as provided for in Section 1482.09.
(2) The notice of violation that was served stated the specific nature of the violation, corrective action needed to be taken to abate the violation and a specific time period for abatement of the violation.
(3) Within the time stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation and/or by not bringing the use into compliance with the City of Trenton Exterior Property Maintenance Code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of the City of Trenton Exterior Property Maintenance Code and/or conditions imposed by the Appeals Board as a prerequisite to the modification of a previous compliance order.
(d) Authority of Appeals Board. Within thirty days of the close of the public hearing, the Appeals Board shall render a decision sustaining, modifying or withdrawing any item appearing on the notice and order. The petitioner shall be notified in writing of such action.
(Ord. 1-95. Passed 1-5-95.)