(A) Appointment. There is hereby created a Housing Appeals Board, hereinafter referred to as "the Board." The Board shall be appointed by the Mayor then approved by City Council and shall consist of five members appointed to three over-lapping terms.
(1) In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of such term in the same manner as the original appointment. Appointments made to replace vacancies at the end of full terms shall be for the term of three years. The City Council may appoint, for a term of three years, two alternate members of the Board, in addition to the five members provided for, who shall act with full power only when a regular member is absent from a meeting or is unable to vote because of interest in the matter.
(2) When possible, at least three members of the Board shall be representative of the following or similar areas: insurance, urban planning, law, architecture or engineering; one member shall be a current landlord of residential rental property in the City of Wellston; and one member shall be a current tenant. The remaining members must cross-sectionally represent the community at large.
(3) To be eligible for appointment to the Board, a person shall be a citizen of the United States and an elector of the City of Wellston, Ohio.
(4) The Board shall elect one of its members as chair and one as vice-chair. The City Council may appoint, for a term of three years, two alternate members of the Board, in addition to the five members above provided for, who shall act with full power, only when a regular member is absent from a meeting or is unable to vote because of interest in the matter. The Board shall maintain a secretary to keep a record of its proceedings.
(5) Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by the City Council, upon written charges having been filed with the City Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by the same at his or her usual place of residence. The member may be represented by a private attorney and shall be given an opportunity to be heard and to answer such charges.
(6) Members shall serve without compensation.
(B) Meetings. The Board shall hold regular meetings at least once a year, or more often if business requires, at which meetings all appeals on file shall be considered and acted upon by the Board. A quorum shall consist of three members, and no official business shall be conducted unless a quorum is present at roll call. The Director of Code Enforcement or his or her representative shall attend all meetings of the Board and shall provide such information, services and assistance as it may require. A member who misses three consecutive meetings, without excuse, shall automatically cease to be a member and his/her seat shall become vacant.
(C) Duties. The duties of the Zoning Board shall be:
(1) To consider and determine appeals whenever it is claimed that true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted.
(2) To permit, in appropriate cases where the application of the requirements of this Code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on the owner and/or occupant(s), a reasonable extension of time from the date of notice of decision by the Board. No appeals shall be considered where an appeal case was previously decided involving the same premises and the same action or determination from which the appeal was taken.
(3) To hear and authorize upon appeal, a variance from an order by the Code Official when, in its opinion, the enforcement thereof should manifest injustice and would be contrary to the spirit and purpose of this Code; or, when by reason of an extraordinary situation or condition of the premises in question, the strict application of the terms of the order would result in peculiar and exceptional difficulties or undue hardship upon the owner and/or occupant(s) thereof. Providing, however, that no variance shall be granted by the Board which will cause substantial detriment to the public good or which will substantially impair the intent and purpose of this Code; and provided further, that no variance shall be granted unless the Board finds that the following conditions exist:
(a) That granting of a variance will not unduly impair an adequate supply of light and air to adjacent property;
(b) That granting of a variance will not unduly increase the danger of a fire or impair the public health, safety or welfare;
(c) That granting of a variance will not unduly increase congestion in the public streets or unreasonably diminish or impair the health, safety or welfare of the general public.
(D) Procedure. The Zoning Board shall establish its own procedures for hearing appeals and the actions taken thereon. A copy of the Board's procedures shall be filed with the Clerk of Council. All meetings, records, procedures and minutes shall be open to the public.
(E) Decisions. All decisions of the Board to vary the application of any provision of this Code or to modify an order of the Code Official shall specify in what manner such variance or modification is made, time to comply, other conditions upon which it is made and the reasons therefor. Every decision shall be in writing and shall indicate the vote on the decision. A copy of all decisions shall be promptly filed in the Code Enforcement Office and shall be open to public inspection. The Board shall send the appellant a written notice of a final action of the Board within seven working days.
(Ord. 2021-41, passed 9-2-2021)