Any person directly affected by a decision of the code
official or a notice or order issued under this code shall
have the right to appeal to the board of appeals, provided that a
written application for appeal is filed within 20 days after the day
the decision, notice or order was served. An application for appeal
shall be based on a claim that the true intent of this code or the
rnles legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means.
The board of appeals shall consist of not less than three members
who are qualified by experience and training to pass on matters pertaining
to property maintenance and who are not employees of the jurisdiction.
The code official shall be an ex-officio member but
shall not vote on any matter before the board. The board shall be
appointed by the chief appointing authority, and shall serve staggered
and overlapping terms.
111.2.1 Alternate members. The chief appointing authority shall
appoint not less than two alternate members who shall be called by
the board chairman to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the qualifications required
for board membership.
111.2.2 Chairman. The board shall annually select one of its
members to serve as chairman.
111.2.3 Disqualification of member. A member shall not hear
an appeal in which that member has a personal, professional or financial
interest.
111.2.4 Secretary. The chief administrative officer shall designate
a qualified person to serve as secretary to the board. The secretary
shall file a detailed record of all proceedings in the office of the
chief administrative officer.
111.2.5 Compensation of members. Compensation of members shall
be determined by law.
The board shall meet upon notice from the chairman, within 20
days of the filing of an appeal, or at stated periodic meetings.
Hearings before the board shall be open to the public. The appellant,
the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity
to be heard. A quorum shall consist of not less than two-thirds of
the board membership.
111.4.1 Procedure. The board shall adopt and make available
to the public through the secretary procedures under which a bearing
will be conducted. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information
be received.
When the full board is not present to hear an appeal, either
the appellant or the appellant's representative shall have the right
to request a postponement of the hearing.
The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of
the total number of appointed board members.
111.6.1 Records and copies. The decision of the board shall
be recorded. Copies shall be furnished to the appellant and to the code official.
111.6.2 Administration. The code official shall
take immediate action in accordance with the decision of the board.
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to conect enors of law. Application for review shall be made in the
manner and time required by law following the filing of the decision
in the office of the chief administrative officer.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until
the appeal is heard by the appeals board.