(A) Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or the requirements of this code are adequately satisfied by other means. Decisions of the Board of Appeals may be appealed to the City Council, in writing, within 20 days after the day of the decision and the appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted by the Board of Appeals, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(B) Membership of Board. The Planning and Zoning Commission of the city is hereby named as the Board of Appeals of the Property Maintenance Code. All requirements and actions taken by the Board are subject to the Planning and Zoning Board structure. The Board of Appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The Code Official shall be an ex officio member, but shall have no vote on any matter before the board. The Board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms.
(C) Notice of meeting. The Board shall meet on the first Monday of each month or upon notice from the Chairperson, subject to legal requirements in regard to notice of public hearings.
(D) Open hearing.
(1) General. 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. A quorum shall consist of a minimum of two-thirds of the Board membership.
(2) Procedure. 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 the full Board is 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 shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed Board members.
(1) Records and copies. The decision of the Board shall be recorded. Copies shall be furnished to the appellant, Code Official and City Council.
(2) Administration. The Code Official shall take immediate action in accordance with the decision of the Board or City Council if further appealed.
(G) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
(H) Stays of enforcement. Appeals of notice and orders (other than imminent danger and emergency measures notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
(Adopted 10-11-2016)