(a) Housing Appeals Board.
(1) There is hereby created a Housing Appeals Board which shall consist of three members who shall be appointed by Council for overlapping terms of three years. Initially, one member shall be appointed for one year, one member for two years and one member for three years respectively and shall serve until a successor is appointed.
(2) Membership shall consist of two residents of the Village, appointed by the Mayor and a Council Member. The Housing Rental Inspector shall serve as secretary and along with the Village Solicitor both will be ex-officio members of the Board.
(3) The Housing Appeals Board shall adopt rules of procedure not inconsistent with this Code and elect officers as the Board sees fit. Two members of the Board in attendance at any meeting shall constitute a quorum.
(Ord. 1339. Passed 4-10-90.)
(4) The Board shall interpret the intent of this Code in specific cases where, upon appeal, it clearly appears that by reason of special conditions undue hardship would result from literal application of any section of this Code. Where such undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the dwelling will vary only a reasonable minimum from the literal provision of this Code, but will comply with the spirit and intent of this Code with respect to sanitation, safety, and rehabilitation. All decisions to permit a variance under this section shall be by majority vote of the total membership of the Board.
(Ord. 1320. Passed 12-12-89.)
(b) Hearings.
(1) Any person affected by any notice and/or order which has been issued in connection with the enforcement of any provision of this Code, may request and shall be granted a hearing upon the matter before the Housing Board of Appeals, provided that such person shall file in the office of the Housing Inspector a written petition requesting such hearing and setting forth the name, address and phone number of the petitioner, in a brief statement of grounds for such hearing and appeal from any order of the Housing Inspector. Petitions shall be filed within fourteen days after the date of notice and order is served and shall be accompanied by a deposit of one hundred dollars ($100.00) that is to be paid to the Housing Inspector. Upon receipt of such petition, the secretary of the Board of Housing Appeals, shall set a time and place for a hearing before the Board and shall give the petitioner written notice thereof. The notice of the public hearing shall be published in a paper of general circulation at least ten days prior to the date of the hearing. The hearing shall commence thirty days after the petition has been filed. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice and order should be modified or withdrawn. The failure of the petitioner or his representative to appear and state his case at such hearing shall be grounds for dismissal of such petition.
(Ord. 1339. Passed 4-10-90; Ord. 0-2007-14. Passed 11-20-07.)
(2) Upon hearing, the Housing Appeals Board may affirm, amend, modify, or withdraw such notice and/or order and the petitioner and the Health Commissioner shall be notified in writing of such findings. Such findings will be made within 30 days of said hearing.
(3) The proceedings at such hearings, including the findings and decisions of the Housing Appeals Board and the reasons therefore, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Housing Inspector. Such records shall include a copy of every notice and/or order issued in connection with the matter. Any person aggrieved by the decision of the Housing Appeals Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this State.
(Ord. 1320. Passed 12-12-89.)