Minimum Building Standards Board of Appeals

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TERM OF OFFICE: Three (3) years     
MEMBERS: Five (5) Members
STAFF: Secretary

Sec. S-153. Minimum building standards board of appeals established; members; terms; jurisdiction. (a) The minimum building standards board of appeals shall consist of five (5) members, all of whom shall be residents of the city and appointed by the city council. The term of office of the members of the board shall be three (3) years, and those presently in office shall serve the remaining time of their particular appointment. Vacancies shall be filled for the unexpired term only. The board shall elect its own chairman and secretary, who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this article. (b) In addition to the duties of the board as provided in section 5-147, the board shall have the jurisdiction to: (1) Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the enforcement official; (2) Authorize a variance from the strict application of any provision of the minimum housing standards ordinance where a property owner can show that this would result in exceptional practical difficulties and particular hardship, if such relief can be granted without substantial detriment to the public welfare and without substantially impairing the general purpose and intent of this article. (c) Any person claiming to be aggrieved by any order, requirement, decision or determination made by the enforcement official hereunder, or seeking a variance from the provisions of this article shall have the right to appeal to the board. Such appeal shall be initiated within thirty (30) calendar days after receipt of notice of noncompliance. Upon the filing of a notice of appeal or request for variance, the enforcement official shall forthwith submit to the board all papers constituting the record upon which the action appealed from or request for variance was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the enforcement official certifies to the board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed. The board shall fix a reasonable time for the hearing of the appeal or request for variance, give public notice thereof, as well as due notice to the parties in interest, and decide same within a reasonable time. At such hearing, any party may appear in person, or by agent or attorney. (d) All hearings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact,. and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (e) In exercising its authority, the board may reverse or affirm, in whole or part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.