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.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
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 International
Property Maintenance Code of 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 IPMC or the rules legally adopted thereunder have
been incorrectly interpreted; the provisions of the IPMC do not fully
apply or the requirements of the IPMC are adequately satisfied by
other means; or that the strict application of any requirement of
the IPMC 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.