[Amended 7-6-2004 by Bill No. 2004-6]
A person affected by a decision of the Housing Official which has been made in connection with the enforcement of any provision of this chapter may request and may be granted an appeal to the Board of Appeals in accordance with this article.
A. 
Any person may appeal any notice, order or action of the Housing Official under this Code by filing at the Office of the Housing Official within 10 days from the date of such order, the written appeal containing, at a minimum, the following:
(1) 
A caption reading: "Appeal of (names of all appellants participating in the appeal)."
(2) 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(3) 
A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
(4) 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the protested order or action should be reversed, modified or otherwise set aside.
(5) 
The signatures of all parties named as appellants, or their agents, and their official mailing addresses.
(6) 
A declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.
B. 
As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than 45 days from the date that the appeal was filed with the Housing Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Secretary of the Board, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.
[Amended 7-6-2004 by Bill No. 2004-6]
Failure of any person to file an appeal shall constitute a waiver of this right to a hearing and adjudication of the notice and order, or any portion thereof.
Only those matters or issues specifically raised by the appellant in his notice of appeal shall be considered in the hearing of the appeal.
Except for orders to vacate made pursuant to § 160-20, enforcement of any notice and order of the Housing Official issued under this code shall be stayed during the time of appeal and hearing.
A. 
The Board, after hearing an appeal, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would cause undue hardship and would be contrary to the spirit and purpose of this Code or public interest or when, in its opinion, the interpretation of the Housing Official should be modified or reversed.
B. 
A decision of the Board to vary the application of any provision of this Code or to modify an order of the Housing Official shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
A. 
The Board shall, in every case, reach a final decision without unreasonable or unnecessary delay.
B. 
If a decision of the Board reverses or modifies a refusal, order or disallowance of the Housing Official or varies the application of any provision of this Code, an appropriate order shall be entered.