[Amended 12-21-1993 by L.L. No. 1-1993]
The word "Board," when used in this chapter,
shall be construed to mean the Zoning Board of Appeals.[1]
[1]
Editor's Note: Original Sections 9 1/2-33
and 9 1/2-34, regarding the establishment, membership and meetings
of the former Property Maintenance Board of Appeals, were deleted
12-21-1993 by L.L. No. 1-1993.
A.
The Board shall hear and decide appeals from and review
any order, requirement, decision or determination made by the enforcement
officer.
B.
The concurring vote of three members of the Board
shall be necessary to reverse any order, requirement, decision or
notice of determination of the enforcement officer. Every decision
of such Board is subject to review by the courts of competent jurisdiction.
Such appeal may be taken subsequent to a decision by the Zoning Board
of Appeals.
[Amended 12-21-1993 by L.L. No. 1-1993]
A.
Procedure. An appeal shall be initiated within 20
days by filing with the enforcement officer a written notice of appeal
specifying the grounds thereof. The enforcement officer shall forthwith
transmit to the Board the written notice of appeal.
B.
Appeal to stay proceedings; exception. An appeal stays
all proceedings in furtherance of the action appealed from unless
the enforcement officer certifies to the Board after the notice of
appeal has been filed with him or her that, by reason of facts stated
in the notice of violation, a stay would cause imminent peril to life
and property, in which case proceedings shall not be stayed other
than by a restraining order, which may be granted by a court of competent
jurisdiction.
C.
Notice of hearing; conduct of hearing; action of Board.
The Board shall fix a reasonable time for the hearing of the appeal
and give due notice thereof to the parties either by registered or
certified mail. The Board shall establish a hearing date within 10
days. Upon the hearing, any party may appear in person or by agent
or by attorney. The Board may reverse or affirm, wholly or partly,
or may modify the notice of violation. When there are practical difficulties
of unnecessary hardship in the way of carrying out the strict letter
of this chapter, the Board shall have the power of passing upon appeals
to vary or modify any of its rules, regulations or provisions relating
to the construction, structural changes in, equipment or alteration
of buildings or structures so that the spirit of the chapter shall
be observed, public safety secured and substantial justice done. The
decision of the Board shall be made within 10 days of the hearing
date.
