[HISTORY: Adopted by the City Council of the City of DuBois 5-13-2002 by Ord. No. 1651 (Ch. 1, Part 11, of the 1995 Code). Amendments noted where applicable.]
There shall be created, upon the final enactment of this chapter, a Property Maintenance Board of Appeals, consisting of three members, who shall be appointed by the City Council of the City of DuBois to serve for such terms and with such duties, responsibilities and limitations as shall be hereinafter set forth.
The Property Maintenance Board of Appeals shall consist of three members. The City Council shall appoint the said three members, one for a term of one year, one for a term of two years and one for a term of three years, who shall serve until their successors are appointed, and thereafter each person appointed to the Property Maintenance Board of Appeals shall serve for a period of three years or until his or her successors shall be appointed. Each member of the Board shall be qualified by experience and training to pass on matters pertaining to property maintenance and may not be employees of the City of DuBois. The Code Enforcement Officer shall be an ex-officio member but shall have no vote on any matter before the Board.
There shall also be appointed two alternate members, who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
The Property Maintenance Board of Appeals shall hear the appeal of any person directly affected by a decision of the Code Enforcement Officer or affected by any notice or order issued under the BOCA Codes adopted by the City of DuBois, provided that a written application for appeal shall be filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the BOCA Code or the rules legally adopted thereunder have been incorrectly interpreted; the provisions of the BOCA Code do not fully apply or the requirements of the BOCA Code are adequately satisfied by other means; or that the strict application of any requirement of the BOCA Code would cause an undue hardship.
The Board shall annually select one of its members to serve as Chairman.
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
The City Manager shall designate a qualified person to serve as Secretary to the Property Maintenance Board of Appeals. The Secretary shall file a detailed record of all proceedings in the office of the City Manager.
The Property Maintenance Board of Appeals shall meet upon notice from the Chairman within 20 days of the filing of an appeal or at stated periodic meetings.
All hearings before the Property Maintenance Board of Appeals shall be open to the public. The appellant, the appellant's representatives, the Code Enforcement Officer and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the Board membership.
The Property Maintenance Board of Appeals shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
When the full Board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
The Property Maintenance Board of Appeals shall modify or reverse the decision of the Code Enforcement Officer only by a concurring vote of a majority of the total number of appointed Board members. The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the Code Enforcement Officer. The Code Enforcement Officer shall take immediate action in accordance with the decision of the Board.
Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the City Manager.
Appeals of notice and orders (other than "imminent danger" notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.