[Amended 7-25-1996 by Ch. No. 2420]
The Board of Appeals created by Section 3-100(c)
of the Charter of the City is hereby designated and shall act as the
Housing Board of Review.
The Housing Board of Review is hereby authorized
to hear and decide appeals from compliance orders. The Board shall
have the power to reverse or affirm wholly or partly or to modify
any order of the Director of Zoning and Code Enforcement, and in specific
cases to authorize such variance in the application of the terms of
this chapter, where, owing to unusual conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship,
and so that the spirit of this chapter shall be observed and substantial
justice done.
Any person upon whom a compliance order has
been served may appeal from the compliance order to the Housing Board
of Review.
An appeal to the Housing Board of Review shall stay all proceedings under the compliance order from which such appeal has been taken, except that the Director of Zoning and Code Enforcement may certify to the Board, after receipt of the notice of the appeal, as provided in §
247-40, that by reason of the facts stated in the certificate, any stay of proceedings would in his or her opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the Chair or the Acting Chair of the Housing Board of Review on application therefor by the appellant, upon notice to the Director of Zoning and Code Enforcement, and on due cause shown, or by a court of competent jurisdiction. Whenever a restraining order has been issued, the appeal shall be given priority over all other matters before the Housing Board of Review and shall be promptly heard and decided.
No member of the Housing Board of Review shall
pass on any matter in which he or she has a business or a personal
interest.
In order for the Housing Board of Review to
hear and decide an appeal a quorum of three members of the Board shall
be present and voting. When a quorum is not present, the hearing of
the appeal shall be adjourned from time to time, provided that reasonable
notice shall be given the parties in interest.
All hearings of the Housing Board of Review shall be de novo. All hearings shall be public, and the appellant, his or her representative, the Director of Zoning and Code Enforcement and any other person whose interests may be affected by the matter on appeal and who files a written entry of appearance shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the Director of Zoning and Code Enforcement. The Chair, or in his or her absence, the Acting Chair, of the Housing Board of Review may administer oaths and compel the attendance of witnesses. Proceedings of the Board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction, as provided in §
247-49.
A concurring vote of a majority of the members of the Housing Board of Review present at the hearing shall be necessary to reverse or modify any order or decision of the Director of Zoning and Code Enforcement and to authorize a variance in the application of any of the provisions of this chapter, as provided in §
247-38. In the event of a tie vote of the members of the Board present at the hearing, the order or decision of the Director of Zoning and Code Enforcement shall be deemed to have been sustained.
All decisions of the Housing Board of Review
shall be in writing. The Board shall keep clear and detailed minutes
of all its proceedings, including its decisions and the reasons therefor
and the vote of each member participating therein and the absence
of a member or his or her failure to vote. Such record, immediately
following the Board's decision, shall be filed in the office of the
Board and shall be a public record. Notice of the Board's decision
shall be promptly furnished to the appellant, his or her representative,
any person who has filed a written entry of appearance and to the
Director of Zoning and Code Enforcement. The Director of Zoning and
Code Enforcement shall take immediate action in accordance with the
decision of the Board.