The Board of Appeals created by Section 3-100(c)
of the Charter of the City of Pawtucket is hereby designated and shall
act as the Board of Review, provided that only five members of the
Board of Appeals, appointed pursuant to Section 3-702 of the Charter,
shall so act.
The Board of Review, hereinafter referred to
as the "Board," 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, 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 will result in unnecessary hardship,
and so that the spirit of the 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 Board.
A.
Application for such an appeal may be made whenever
it is alleged that:
(1)
The compliance order does not conform with the true
intent of this chapter or of the rules and regulations adopted pursuant
thereto;
(2)
The compliance order is contrary to law;
(3)
The provisions of this chapter do not fully apply;
or
(4)
In unusual conditions unnecessary hardship will result
from the literal enforcement of the provisions of this chapter.
B.
Any eligible person desiring to take an appeal shall
file in the office of the Board, within 10 days after service of the
compliance order, a written appeal, including a brief statement of
reasons therefor and a detailed statement of the facts supporting
the appeal. A notice of the appeal shall be forwarded immediately
to the Director by the Secretary of the Board.
A.
No fee shall be required whenever an appeal to the
Board is taken from a compliance order issued as a result of a hearing
before the Director.
B.
A fee of $10 shall be paid upon the filing of an application
for an appeal to the Board taken from a compliance order issued after
failure to request a hearing before the Director, or after failure
to appear at such hearing.
C.
Upon receipt of an appeal fee by the Board, said fee
shall be paid to the City Treasurer and Collector of Taxes.
An appeal to the Board shall stay all proceedings under the compliance order from which such appeal has been taken, except that the Director may certify to the Board after receipt of the notice of the appeal, as provided in § 288-40 of this chapter, 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 structure 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 Board on application therefor by the appellant, upon notice to the Director, 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 Board and shall be promptly heard and decided.
No member of the Board shall pass on any matter
in which he or she has a business or a personal interest.
A.
The Board shall meet at least once a month and at
other times upon the call of the Chair, provided that such meetings
may be held in conjunction with regular meetings of the Board of Appeals.
B.
Notice of the meeting to hear an appeal shall be given
the appellant, the Director and the members of the Board at least
10 days before the holding of the meeting, except for a hearing on
an appeal involving a restraining order, at which time notice need
not exceed 48 hours. Upon receipt of notice of an appeal, the Director
shall forward immediately to the Secretary of the Board all pertinent
records.
In order for the Board to hear and decide an
appeal a quorum of three members of the Board must 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 be
given the parties in interest.
All hearings of the Board shall be de novo. All hearings shall be public, and the appellant, his or her representative, the Director and any other persons 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. The Chair, or in his or her absence, the Acting Chair, 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 § 288-49 of this chapter.
A concurring vote of a majority of the members of the Board present at the hearing shall be necessary to reverse or modify any order or decision of the Director and to authorize a variance in the application of any of the provisions of this chapter as provided in § 288-38. In the event of a tie vote of the members of the Board present at the hearing, the order or decision of the Director shall be deemed to have been sustained.
All decisions of the Board 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, and the Director
shall take immediate action in accordance with the decision of the
Board.
A.
Any person, including the Director, aggrieved by any
decision of the Board may present to the Supreme Court a petition
duly verified setting forth that such decision is illegal in whole
or in part and specifying the grounds of illegality. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the office of the Board.
B.
Upon the presentation of such petition, the Court
may allow a writ of certiorari directed to the Board to review such
decision of the Board and shall prescribe therein the time within
which a return thereto must be made, which shall be not less than
10 days and may be extended by the Court. The allowance of the writ
shall not stay proceedings upon the decision appealed from, but the
Court may on application, upon notice to the Board and on due cause
shown, grant a restraining order. The Board shall not be required
to return the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.
C.
If upon the hearing it shall appear to the Court that
testimony is necessary for the proper disposition of the matter, it
may take evidence or appoint a master to take such evidence as it
may direct and report the same to the Court with his or her findings
of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the Court shall be made.
The Court may reverse or affirm wholly or partly or may modify the
decision brought up for review.
