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(A) Any person aggrieved by the decision of the Director of Health, after a hearing by him may appeal to the Housing Code Board of Appeals by filing a written notice with the Director of Health, within 15 days of his decision setting forth a brief statement of the grounds thereof. Upon receipt of the petition, the Director of Health shall notify such Board to set a time and place for a hearing, and shall mail the petitioner written notice thereof at least ten days prior to the hearing. The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided that, upon application of the petitioner, the Board may postpone the date of the hearing for a reasonable time beyond the 30-day period; if, in its judgment, the petitioner has submitted a good and sufficient reason for the postponement, but in no event shall the hearing be postponed longer than 60 days.
(B) The Board of Appeals by a majority vote of those present, may sustain or modify or reverse the order or decision of the Director of Health in accordance with its findings of fact based on evidence relating to the particular case. The Director of Health shall at no time be permitted to vote on any matter nor shall he be permitted to decide a tie-vote.
(C) The proceedings at the hearings, including the findings and decision of the Director of Health and the Housing Code Board of Appeals, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk and shall be open to reasonable public inspection. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Health or the Housing Code Board of Appeals may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(D) If a notice is sustained, modified or extended by the Board of Appeals, it shall become an order as so sustained, modified or extended. Any notice served pursuant to § 154.162 shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Health within 15 days after the notice is served.
(E) After a hearing or hearings in the case of any notice suspending any permit required by this chapter, when the notice has been sustained by the Director of Health or the Housing Code Board of Appeals, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked, if a petition for a hearing is not filed in the office of the Director of Health within 15 days after the notice is served.
(1967 Code, §§ 9-7—9-11)