(a)
There
is hereby established by the city council a board to be called housing
board of adjustments and appeals, which shall consist of five (5)
members. Such board shall be composed of one (1) realtor, one (1)
physician, one (1) architect, engineer or general contractor, one
(1) building materials dealer, and one (1) member-at-large from the
homeowners of the governed city area. The board shall be appointed
by the mayor and city council.
(b)
In
the event it would not be possible to fill the membership of the board
in all of the above-named categories, the mayor and city council may
select the remaining membership at their own discretion from business
and professional residents of the governed city area.
(Ordinance adopted 6/15/73, art.
1 (601); 1989 Code, sec. 9-61)
Of the members first appointed to the housing board of adjustments
and appeals, two (2) shall be appointed for a term of one (1) year,
two (2) for a term of two (2) years, and one (1) for a term of three
(3) years, and thereafter they shall be appointed for terms of four
(4) years. Vacancies shall be filled for an unexpired term in the
manner in which original appointments are required to be made. Continued
absence of any member from regular meetings of the board shall, at
the discretion of the mayor and city council, render any such member
liable to immediate removal from office.
(Ordinance adopted 6/15/73, art.
1 (602); 1989 Code, sec. 9-62)
Three (3) members of the housing board of adjustments and appeals
shall constitute a quorum. In varying the application of any provisions
of this article or in modifying an order of the building inspector,
affirmative votes of the majority present, but not less than three
(3) affirmative votes, shall be required. No board member shall act
in a case in which he or she has a personal interest.
(Ordinance adopted 6/15/73, art.
1 (603); 1989 Code, sec. 9-63)
The housing board of adjustments and appeals shall establish
rules and regulations for its own procedure not inconsistent with
the provisions of this article. The board shall meet at regular intervals
to be determined by the chairperson, or, in any event, the board shall
meet within ten (10) days after notice of appeal has been received.
(Ordinance adopted 6/15/73, art.
1 (604); 1989 Code, sec. 9-64)
(a)
Whenever
it is claimed that the true intent and meaning of this article or
any of the regulations hereunder have been misconstrued or wrongly
interpreted, the owner, or his or her duly authorized agent, may appeal
from the decision of the building inspector to the housing board of
adjustments and appeals. Notice of appeal shall be in writing and
filed within thirty (30) days after the decision is rendered by the
building inspector.
(b)
In
case of a building or structure which, in the opinion of the building
inspector, is unsafe or dangerous, the building inspector may, in
his or her order, limit the time of such appeal to a shorter period.
Appeals hereunder shall be on forms provided by the building inspector.
(Ordinance adopted 6/15/73, art.
1 (701); 1989 Code, sec. 9-65)
(a)
The
housing board of adjustments and appeals, when so appealed to and
after a hearing, may vary the application of any provision of this
article to any particular case when, in its opinion, the enforcement
thereof would do manifest injustice, and would be contrary to the
spirit and purpose of this article or public interest, or when, in
its opinion, the interpretation of the building inspector should be
modified or reversed.
(b)
A
decision of the housing board of adjustments and appeals to vary the
application of any provision of this article or to modify an order
of the building inspector shall specify in what manner such variation
or modification is made, the conditions upon which it is made and
the reasons therefor.
(Ordinance adopted 6/15/73, art.
1 (801); 1989 Code, sec. 9-66)
(a)
Every
decision of the housing board of adjustments and appeals shall be
final, subject, however, to such remedy as any aggrieved party might
have at law or in equity. It shall be in writing, shall indicate the
vote upon every decision, shall be promptly filed in the office of
the building inspector, and shall be open to public inspection; a
certified copy shall be sent by mail or otherwise to the appellant
and a copy shall be kept posted in the office of the building inspector
for two (2) weeks after filing.
(b)
The
housing board of adjustments and appeals shall in every case reach
a decision without unreasonable or unnecessary delay.
(c)
If
a decision of the housing board of adjustments and appeals reverses
or modifies a refusal, order, or additional allowance of the building
inspector or varies the application of any provision of this article,
the building inspector shall immediately take action in accordance
with such decision.
(Ordinance adopted 6/15/73, art.
1 (802); 1989 Code, sec. 9-67)
