A Housing Board of Appeals is hereby established which shall perform its duties and exercise its powers in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.
A. 
The Board shall consist of five members who shall be appointed by the Mayor and confirmed by the City Commission for a term of three years. Any vacancies shall be filled by appointment by the Mayor for the remainder of the unexpired term and confirmed by the City Commission. The Housing Board of Appeals shall elect is own Chairman, Vice Chairman, Secretary and other such officers as it may deem necessary. The Building Official shall be an ex-officio member but shall not vote on any matter before the Board.
B. 
The City Clerk shall maintain a permanent official record of all its transactions; such records shall be public records.
C. 
The compensation of the appointed member of the Housing Board of Appeals shall be fixed by the City Commission.
D. 
A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters.
A. 
All meetings of the Housing Board of Appeals shall be at the call of the Chairman and at reasonable times as the Board may determine and within a maximum of 30 days upon receipt of a request for appeal.
B. 
All hearings conducted by said Board shall be open to the public.
C. 
Three members of the Board shall constitute a quorum for the conduct of its business.
D. 
The City Clerk, or his representative, shall keep minutes of its proceedings showing the vote, indicating such fact and shall also keep records of its hearing and other official action.
E. 
The Board shall have the power to subpoena and require the attendance of witnesses, officials, administer oaths, compel testimony, and the production of books, papers, files and other evidence pertinent to the matters before it.
F. 
The Board shall make no decision except in a specific case.
A. 
Appeals from the rulings of any official charged with the enforcement of this chapter may be made to the Board by the person, firm or corporation or by any officer, department, board or bureau affected by any such decision.
B. 
Any person may appeal and testify at a meeting (hearing) either in person or by a duly authorized agent or attorney.
C. 
Such appeals shall be taken within such time as shall be prescribed by the Board of Appeals.
D. 
The appellant shall file with the City Administration a notice of appeal specifying the grounds of the appeal.
E. 
The officer from whom such appeal is taken shall forthwith transmit to the Board all the papers constituting the record together with a summary report of all previous action taken.
F. 
An appeal shall stay all proceedings in furtherance of the action appealed from unless any official, department, board or commission of the City of Lapeer certifies to the Board of Appeals after notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed, otherwise than by a restraining order granted by a court of record.
The City Commission may, from time to time, prescribe and amend, by resolution, a reasonable schedule of fees to be charged to applicants for appeals to the Housing Board of Appeals. At the time of the notice of appeal is filed, said fee shall be paid to the City Treasurer to the credit of the General Revenue Fund of the City of Lapeer.
A. 
The Housing Board of Appeals shall render a decision on the appeal without unreasonable delay in the form of a resolution, either reversing, modifying or affirming, wholly or partly, the decision appealed from or may make such orders, requirements, or determination as ought to be made, and to that end shall have the powers of any officer, or department, board or commission of the City of Lapeer.
B. 
The concurring vote of three members of the Board shall be necessary to reverse any order, requirements, decisions, or determination of any officer or department, board, or commission of the City of Lapeer, or to decide in favor of the applicant in the manner upon which it is authorized by this chapter to render a decision.
C. 
Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change this chapter; such power and authority being reserved to the City Commission of the City of Lapeer in the manner provided by law.
D. 
Appeal to Circuit Court by an unsuccessful appellant to the Housing Board of Appeals shall be made within 21 days of the date of the meeting at which the vote was taken.