There is hereby established a Board of Review consisting of five members to be appointed by the Town Council, for staggered terms of one to five years, and to be known as the "Housing Board of Review." The Chairman, or, in his absence, the Vice Chairman, may administer oaths and compel the attendance of witnesses. All hearings of such Board shall be open to the public.
The Housing Board of Review shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its decisions and findings and the reasons therefor and of its examinations and other official acts, all of which shall be filed immediately in the office of the Building Inspector of the Town and shall be a public record.
Appeals to the Housing Board of Review may be taken by any person upon whom a decision or compliance order has been issued by the Building Official. Such appeal must be filed with the Secretary of the Board within 10 days from the issuance of such order or decision appealed from. Such appeal shall specify the grounds thereof. The Board shall immediately transmit a copy of the appeal to the Building Official. Upon receipt by the Building Official of the appeal, he/she shall forthwith transmit to the Board all papers constituting the record upon which the decision or compliance order was based.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Official from whom the appeal is taken certifies to the Housing Board of Review, after notice of the appeal has been transmitted to him/her, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause a serious hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of competent jurisdiction on appeals therefor and upon notice to the Building Official from whose order the appeal is taken and on due cause shown.
The Board of Review shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the party making the appeal and to the Building Official and decide such appeal within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.
The Housing Board of Review shall have the power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter or any rule or regulation adopted pursuant to the authority hereof.
Where, by reason of an extraordinary and exceptional condition or situation unique to the property involved, the strict application of this chapter, rule or regulation adopted pursuant to the authority hereof would result in peculiar and exceptional difficulties to, or exceptional or undue hardship upon, the person upon whom a compliance order has been issued, the Housing Board of Review shall have the power to vary from such strict application to the least extent necessary to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public health, safety, morals and general welfare and without substantial impairment of the intent and purpose of this chapter or any rule or regulation adopted pursuant to the authority granted herein.
In order to hear an appeal, a quorum of three members of the Board of Review must be present. A concurring vote of a majority of the members of the Board of Review present at the hearing shall be necessary to reverse or modify any order or decision of the Building Official and to authorize a variance or modification in the application of any provisions of this chapter, rule or regulation adopted pursuant to the authority hereof. In the event of a tie vote, the order of the enforcing official shall be deemed to be sustained.
In exercising its powers, the Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination of the Building Official and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Official from whom the appeal was taken.
A. 
Any person, including the enforcing official, aggrieved by any decision of the Board of Review 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 of Review. Upon presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Review to review such decision of the Board of Review and shall prescribe therein the time within which a return thereto must be made, which shall not be 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 of Review and on due cause shown, grant a restraining order. The Board of Review shall not be required to return the original papers acted on 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 other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
B. 
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 such evidence to the Court with his 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.