A.
Any person aggrieved by an action of the Town Manager under the provisions
of this chapter may, within 10 working days of receipt of written
notice of such action, appeal such action to the Board of Rental Housing
Appeals by filing a notice of appeal with the Town Clerk. Except in
the case of the revocation of a license, an appeal shall not operate
to stay the action of the Town Manager unless the action is stayed
by order of the Board for good cause shown.
B.
Within 30 working days of the filing of the notice of appeal, the
Board shall conduct a hearing, at which time an opportunity to be
heard shall be given to the person aggrieved. The hearing shall be
open to the public, and records and minutes shall be maintained by
the Board.
C.
Unless otherwise provided by Board rules and regulations, the Board
shall by order, within 15 working days after such hearing, either
reverse, modify or affirm the action appealed and shall issue its
findings, opinions and orders in writing and provide a copy thereof
to the parties involved. Any appellant dissatisfied with the decision
of the Board may appeal the decision to the Circuit Court of Carroll
County; however, this appeal shall not stay any findings, opinions
or orders of the Board.
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.
A.
The Board shall have the powers to hear and decide appeals where
it is alleged that there is an error in any order, requirement, decision
or determination made by an administrative official in regard to the
enforcement of this chapter of the Town Code or of any ordinance adopted
pursuant thereto.
B.
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of law and this chapter and amendments thereto,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made.
C.
The Board is also empowered to adopt and promulgate such rules and
regulations as it shall deem necessary in the conduct of its hearings
and the issuance of its decisions or testimony pertaining to its hearings.
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.
