(A) An appeal from any decision or order of the Housing Inspector may be taken by any person aggrieved thereby or by any officer or Board of Commissioner of the town. Any appeal from the Housing Inspector shall be taken within ten days from the rendering of the decision or service of the order by filing with the Housing Inspector and with the Housing Appeals Board at the Town Hall, a notice of appeal which must specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Housing Inspector shall forthwith transmit to the Housing Appeals Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Housing Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in full force until modified or reversed. When any appeal if from a decision of the Housing Inspector’s requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Housing Appeals Board, unless the Housing Inspector certifies to the Housing Appeals Board, after the notice of appeal is filed with him or her, that because of acts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of this requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except by a restraining order which may be granted for due cause shown upon not less than one day written notice to the Housing Inspector, by the Board, or by a court of record upon petition made pursuant to provisions of this section.
(B) The Housing Appeals Board shall affix a reasonable time for hearing appeals, shall give notice to the parties and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or in part, or may modify the decision or order appealed from, and may make any decision and order that in its opinion, ought to be made in the matter and to that end it shall have all the powers of the Housing Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Housing Inspector. The Board shall have power also when passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(C) Every decision of the Board shall be subject to review by proceeding in the nature of certiorari instituted with 15 days of the decision of the Housing Appeals Board, but not otherwise.
(D) Any person aggrieved by an order issued by the Housing Inspector or a decision rendered by the Board may petition the Superior Court of the county for an injunction restraining the Housing Inspector from carrying out the order or decision and the Court may, upon such petition, issue a temporary injunction restraining the Housing Inspector pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision.
(Ord. passed 11-1-1988)