The Board of Rental Housing Appeals of the Town of New Windsor
is hereby created and designated as the "Board of Rental Housing Appeals."
The number of members of such Board shall be three, with one or more
alternates. The Board shall be comprised of one member of the Town
Council, one member of the Planning and Zoning Commission, and one
member of the Board of Zoning Appeals as appointed by the Mayor.
The Board shall be organized and its rules shall be amended,
if necessary, in accordance with the provisions of this chapter. Meetings
of the Board shall be held at the call of the Chairman and at such
other times as the Board may determine. The Chairman or, in his absence,
the Acting Chairman may administer oaths and compel the attendance
of witnesses. For assistance in reaching decisions relative to appeals,
conditional uses or variances, the Board may request testimony at
its hearings for purposes of securing technical aid or factual evidence
from any county agency. All meetings of the Board shall be open to
the public. The Board shall keep minutes of its proceedings and shall
keep records of all its official actions, all of which shall be filed
in the office of the Board and shall be a public record.
An appeal to the Board may be taken by any person aggrieved
by the actions of the Town Manager in the enforcement of this chapter
of the Town Code. Such appeal shall be taken within 10 days after
the decision by filing with the Town Manager and with the Board a
notice of appeal, specifying the grounds thereof. The Town Manager
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
Upon the filing of an application before the Board, the following
actions shall be taken preparatory to holding a hearing thereon:
A. The Board shall fix a reasonable time for a hearing of the application
or appeal;
B. Property that is the subject of the application or appeal shall be
posted conspicuously by a notice no less in size then 22 inches by
28 inches, at least 14 days before the date of the hearing;
C. Notification by certified and regular mail shall be made to the appellant
or petitioner and to the owners of those properties and the address
certified on the notice of appeal by the appellant or petitioner as
being contiguous to the property with which the hearing is concerned.
The Board, following such action above, shall hold such hearing.
At the hearing, any party may appear and be heard in person or by
agent or attorney.
Any person or persons jointly or severally aggrieved by a decision
of the Board may appeal to the Circuit Court for Carroll County as
provided for by state law. The court may affirm, reverse, vacate or
modify the decision complained of in the appeal to the extent and
as provided for by state law.
A filing fee shall accompany each application for an appeal
to the Board, as may be determined by the Mayor and Council of the
Town of New Windsor.