City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 93-85 §1, 9-15-1993]
There is hereby established a Housing Board of Appeals with the qualifications, powers and duties provided herein.
[Ord. No. 93-85 §1, 9-15-1993]
For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated below:
The Mayor shall appoint a Chairperson of the Board from among the five (5) members of the Board.
The Housing Board of Appeals shall consist of five (5) members appointed by the Mayor and approved by the Council. In addition, one (1) Council member shall serve as an ex officio member of the Commission, but without a vote. In appointing the Board members, the Mayor, to the extent practical, shall assure equal representation of the four (4) City Wards.
Each member should be a resident of the City of Bridgeton for a minimum of two (2) years, shall be a registered voter and shall have lived at least six (6) months at his or her current address.
Each member appointed shall serve a two (2) year term and may be reappointed to the Board for two (2) additional terms, for the total consecutive period of six (6) years maximum. However, initially, three (3) of the five (5) members shall be appointed to a one (1) year term.
[Ord. No. 93-85 §1, 9-15-1993]
The Board shall hear and decide appeals and requests for variances relative to the Exterior Residential Structures Code and shall have the following powers and duties and be subject to the following limitations:
The Board shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Enforcement Official. If the Board finds such error, it may reverse, wholly or partly, or modify, the decision appealed from, in order to correct such error, and shall make such order or determination as the Board shall determine to correct such error.
The Board may authorize a variance from the strict application of any provisions of the Exterior Residential Structures Code where a property owner shows that strict application would result in an exceptional practical difficulty and be a particular hardship, as distinguished from a mere inconvenience to such owners, if such relief can be granted without substantially impairing the general purpose and intent of the Exterior Residential Structures Codes.
The Board may not stay or reverse an order of the Enforcement Official, when the Enforcement Official certifies, by reasons of the facts stated in the certificate, that a stay or reversal would in his opinion cause imminent peril to life or property.
The affirmative vote of at least three (3) members of the Board shall be required to reverse or modify any order, requirement, decision or determination by the Enforcement Official or to grant a variance from the Exterior Residential Structures Codes.
The Board shall keep a record of each appeal and variance proceeding so that the records show clearly the basis for each decision made.
[Ord. No. 93-85 §1, 9-15-1993]
Any appeal herein shall be taken within fifteen (15) calendar days after the notice of violation of any provision of the Exterior Residential Structures Code has been served by filing with the Code Official a notice of appeal, specifying the grounds of such appeal.
[Ord. No. 93-85 §1, 9-15-1993]
A request for a variance from the Exterior Residential Structures Code may be filed at any time by filing with the Code Official a written request specifying the variance requested and the reasons for such request.
[Ord. No. 93-85 §1, 9-15-1993]
The Board shall fix a reasonable time for the hearing of the appeal or variance and give not less than five (5) days notice to the appellant or applicant of the date, time and place thereof.
[Ord. No. 93-85 §1, 9-15-1993]
The decisions of the Board are final and are not subject to appeal to the Board of Adjustment.
[Ord. No. 93-85 §1, 9-15-1993]
Any person or persons jointly or severally aggrieved by any decision of the Board may present to the Circuit Court having jurisdiction in St. Louis County, a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be filed with the Court within thirty (30) days after receipt of notice of the decision of the Board.