(a) Application for Appeal. Any person aggrieved by a decision or order of the Code Official or the imposition of costs for correction of a violation or abatement of a nuisance shall have the right to appeal that matter to the Property Maintenance Board.
(1) Written notification. A written notice of appeal must be signed by the person and filed with the office of the City Manager within ten working days after the date service of the decision or order has been completed or bill has been mailed.
(2) Contention of misinterpretation or misapplication of Code. An appeal shall be a means of obtaining a hearing on a contention that the Code Official misinterpreted or misapplied some provision of this Code or the basis for a bill for correction or abatement.
(3) Grounds. The notice of appeal shall specify the decision or order appealed from or bill received and shall set forth the grounds of the appeal.
(4) Stay of proceedings. An appeal shall stay all proceedings on the decision or order from which the appeal is taken, unless the Code Official certifies to the Property Maintenance Board that a stay would cause imminent peril to life or imminent risk of substantial damage to property. In the event the Code Official so certifies, the proceedings to enforce the order or decision appealed from shall not be stayed, except by an injunction or other equitable order issued by a court, after notice to the City.
(5) Hearing on appeal. The Board shall select a time and place for a hearing on the appeal. Notice of the hearing date shall be given to the appellant and the City in the same manner as service is to be made under Section 1482.23
(c). If the appellant is not the owner of the property in question, such notice shall also be given to that property owner in the same manner.
(6) Board decision. The Board may affirm, modify or reverse the order or decision appealed from. The decision of the Board on an appeal shall be limited to the application of this Code. The Board may not disregard, vary or modify the Code language. Any such decision of the Board shall be deemed to be a final administrative order appealable to the courts. The City shall be deemed to be adversely affected and aggrieved by a Board decision which modifies or reverses an order or decision of the Code Official, and the City shall have the right to appeal such a decision to the court. An appeal to the court shall stay enforcement proceedings in the same manner as described in paragraph (a)(4) hereof.
(b) Membership of the Code Appeals Board. In order to protect existing structures in the jurisdiction by vigorous enforcement of this Code, there is hereby established a Code Appeals Board consisting of five members who shall be appointed by Council.
(1) Qualifications. Each member shall be a resident of the City during the term of his or her appointment. Initial appointments to the Board shall be made with two members serving for a three-year term, two members serving for a two-year term and one member serving a one-year term. Thereafter, all appointments to the Board shall be for a three- year term.
(2) Alternate members. The appointing authority shall appoint two alternate members who shall be called by the Board Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the same qualifications required for Board membership, and shall be appointed for five years or until a successor has been appointed.
(3) Chairperson. The Board shall annually select one of its members to serve as Chairperson.
(4) Disqualification of member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.
(5) Secretary. The Chief Building Official or his or her duly authorized representative shall act as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the Chief Administrative Officer.
(c) Notice of Meeting. The Board shall meet upon notice from the Chairperson, within twenty working days of the filing of an appeal, or at stated periodic meetings.
(d) Open Hearings. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Code Official, and any person whose interests are affected shall be given an opportunity to be heard. The appellant may present evidence, provide witnesses and testimony, cross exam witnesses and may be represented by legal counsel.
The Board shall adopt and make available to the public, through the Secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(e) Postponed Hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
(f) Board Decision. The Board may modify or reverse the decision of the Code Official by a concurring vote of three members.
(1) The decision of the Board shall be in writing. Copies shall be furnished to the appellant and to the Code Official.
(2) The Code Official shall take immediate action in accordance with the decision of the Board.
(g) Appeals. Appeal of Board decisions may be made in the manner and time required by law.
(Ord. 00-03. Passed 5-15-00; Ord. 16-31. Passed 10-17-16.)