[Ord. No. 1341, 7-17-2002; amended Ord. No. 1480, 9-5-2007; Ord. No. 1544, 4-14-2010; Ord. No. 1579, 1-18-2012; 8-1-2012 by Ord. No. 1589; 6-17-2015 by Ord. No. 1651]
(a) Housing Board of Appeals established. The City establishes a Housing Board of Appeals pursuant to this section. The Housing Board of Appeals shall have six members and two alternates. The members of the Housing Board of Appeals shall be the same as the members of the Zoning Board of Appeals. The alternate members of the Housing Board of Appeals shall be the same as the alternate members of the Zoning Board of Appeals. Notwithstanding the preceding sentences, the composition of members and their terms shall at all times be as required by MCLA § 125.541c.
(b) Board duties. The Housing Board of Appeals shall hear appeals from decisions of the enforcing officer and shall act upon questions relating to the administration, enforcement and interpretation of this article, including variances from the requirements of this article. The Housing Board of Appeals shall conduct its hearings in accordance with this section and such other sections of this Code.
(c) Appeal of enforcing officer order; public hearing. Any aggrieved party, including an occupant, may appeal an order issued by the enforcing officer to the Housing Board of Appeals. The Housing Board of Appeals shall hold a public hearing to review the decision of the enforcing officer and shall allow the enforcing officer and the aggrieved party and any other person to be heard and present evidence.
(d) Staying of an order. An appeal shall stay an order denying or suspending a rental certificate of compliance, unless such suspension is for a major violation. In such cases, an appeal shall not stay the suspension of the rental certificate of compliance, unless the Director of the Department of Community and Neighborhood Services orders that it be stayed.
(e) Administrative variances.
(1) Ceiling height requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing ceiling height requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:
a. An inspection of the property reveals that it fully complies with this Code (except as to ceiling height) including light and ventilation requirements and floor area to height ratio requirements;
b. Any ceiling light fixtures in the rooms covered by the variance request are recessed;
c. The applicant does not request a variance greater than three inches from the ceiling height requirements under this Code; and
d. The applicant does not request a variance to allow a ceiling height of less than six feet eight inches in any room.
(2) Guardrail height requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing guardrail height requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:
a. An inspection of the property reveals that it fully complies with this Code (except as to guardrail height);
b. The surface area below and/or immediately adjacent to the balcony, deck, landing, porch, stair or walking surface on which is located the guardrail for which the variance is sought is not hard-surfaced; that is, it shall not be a surface created out of asphalt, concrete, gravel, wood, or other hard-surface material;
c. The guardrail for which the variance is sought is at least 24 inches in height or more;
d. The general pattern of traffic on the balcony, deck, landing, porch, stair or walking surface is not right along the portion of the balcony, deck, landing, porch, stair or walking surface where the guardrail for which the variance is sought is located;
e. The surface area of the balcony, deck, landing, porch, stair or walking surface on which is located the guardrail for which the variance is sought is not more than six feet directly above the floor, grade, ground or surface area below, measured perpendicularly; and
f. Spindle spacing and handrail height comply with this Code.
(3) Room width requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing room width requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:
a. The room is an existing room, not a proposed room;
b. An inspection of the property reveals that it fully complies with this Code (except as to room width) including, but not limited to, light and ventilation requirements and ceiling height, and the room in question has a minimum of 70 square feet of qualifying floor area;
c. The room has a window which is either an approved egress window, or is as large as any other bedroom windows in the structure;
d. The room cannot be made wider without substantial reconstruction, including, but not limited to: relocation of exterior or bearing walls, relocation of a stairway, or relocation of plumbing or mechanical equipment. Substantial construction does not include the removal of a closet or the relocation of a nonbearing partition wall;
e. The room is equipped with a hard-wired, interconnected smoke detector inside the room in addition to other smoke detectors required by this Code;
f. The room does not require, and has not been granted, an administrative ceiling height variance;
g. The door and the required window in the room are not, and shall not be, obstructed by furniture or other materials; and
h. The room, at any point in the room, is not less than six feet nine inches in width.
(4) Accommodations for persons with disabilities. Upon a written request of an eligible person (as defined in Section 39-17.4), the enforcing officer may grant an administrative variance from requirements imposed under this Chapter
14 if the enforcing officer determines that all of the following conditions are met:
a. The housing subject to the request for reasonable accommodation will be used by individuals with disabilities protected under fair housing laws;
b. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities as required under the fair housing laws;
c. The requested accommodation will not impose an undue financial or administrative burden on the City;
d. The requested accommodation will not require a fundamental alteration in the nature of the City's housing program; and
e. There are no alternative accommodations which may provide an equivalent level of benefit to the applicant.
(f) Appeals. Any owner or person who is aggrieved by the ruling or decision of the enforcing officer in any matter relative to an administrative variance or the interpretation or enforcement of any of the provisions of the Housing-Property Maintenance Code may appeal the decision or interpretation to the Housing Board of Appeals.
(g) Filing. Such appeal must be filed with the City Clerk, in writing, within 30 days of the date of the issuance of the decision or interpretation. An appeal shall not be received if the City has commenced prosecution proceedings pursuant to Section
14-4.2(c).
(h) Decision; Housing Board of Appeals. The appeal shall be decided by the following procedure:
(1) The Housing Board of Appeals shall hold a public hearing to hear evidence of violations from the enforcing officer and the appellant. The appellant shall attend in person or may be represented by legal counsel.
(2) The Housing Board of Appeals shall render its decision not more than 60 days after the conclusion of the hearing. The failure to decide an appeal within 60 days shall be deemed a denial. The decision of the Housing Board of Appeals shall include findings of fact and conclusions of law based upon the evidence presented by the enforcing officer and appellant. Witnesses and other documentary evidence shall be permitted in the proceedings before Housing Board of Appeals.
(3) The Housing Board of Appeals shall have the authority and jurisdiction to affirm, amend or reverse the decision or interpretation of the enforcing officer. The Housing Board of Appeals shall also have the authority and jurisdiction to grant a variance from this article for any requirement if compliance with the requirement imposes undue burden upon the applicant due to unforeseen uses or circumstances or an alternate proposal will satisfy the spirit of the requirements of this chapter. The Housing Board of Appeals shall not have the authority to grant a variance from any of the requirements of this article unless it determines that the health, welfare, and safety of occupants of the affected property will not be compromised. The Housing Board of Appeals may not grant a variance from or waive any fees or late charges.