[1]
Editor's Note: Former Ch. 670A pertained to similar subject matter and derived from Ord. 33-2007, eff. 1-15-2007.
[Ord. No. 41-2018, § 1, eff. 11-9-2018]
(a) 
There is hereby established a Disruptive Property Appeals Board, which shall consist of five (5) members. Three (3) members shall be appointed by the Mayor and confirmed by Council. The remaining two (2) members shall be appointed by the Mayor from a list of nine (9) candidates submitted by Council, and shall be confirmed by Council. The Board shall hold office at the pleasure of the Mayor.
(b) 
All members of the Board shall be residents of the City of Pittsburgh.
(c) 
A minimum of one (1) member of the Board shall be a current rental property owner and/or manager within the City of Pittsburgh.
(d) 
No Board Member shall vote or take action on any property he/she owns or manages that is currently in front of the Board of Appeals. If the property is declared disruptive, the property owner must immediately cease serving as a Board Member.
(e) 
Initial terms shall be drawn by lot for one-, two-, three-, four- and five-year terms and subsequent terms shall be for five (5) years so that no more than one (1) term will expire in a given year. Each member shall be a resident of the City.
(f) 
The Board shall select one (1) of its members to serve as chairperson.
(g) 
Members of the City's governing body, and current uniformed employees of the City's Department of Public Safety, may not serve as members of the Board.
(h) 
The Director of the Department of Public Safety, or his/her designee, shall serve as an ex officio advisory member of the Board but shall have no vote on any matter before the Board.
[Ord. No. 41-2018, § 1, eff. 11-9-2018]
The Disruptive Properties Appeals Board shall have the following powers and duties:
(a) 
The Board is authorized to establish policies and procedures necessary to carry out its duties and to interpret the provisions of this Chapter and Chapter 670 of this Code.
(b) 
To hear appeals of orders and actions of the Department of Public Safety pursuant to Chapter 670 of this Code and to affirm, amend or reverse such orders or actions.
(c) 
To recommend legislation affecting the substance and enforcement of this Chapter and Chapter 670 of this Code.
(d) 
The Board shall conduct a hearing on all appeals within sixty (60) days of the filing date of each appeal, unless for good and sufficient cause the Board extends the time for a reasonable period not to exceed an additional sixty (60) days.
(e) 
For good cause shown, to grant extensions of time in which to comply with the provisions of Chapter 670.
[Ord. No. 41-2018, § 1, eff. 11-9-2018]
(a) 
The Board of Appeals shall conduct all appeal hearings and render all decisions in accordance with the requirements of the Pennsylvania Local Agency Law, 2 Pa. C.S.A. §§ 101 et seq.
(b) 
All hearings before the board shall be open to the public. The Board of Appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa. C.S. §§ 701716 (relating to Sunshine Act).
(c) 
Three (3) members shall constitute a quorum for a hearing.
(d) 
The Board shall affirm, modify or reverse the decision of the Director of Public Safety by a concurring vote of the majority of its members.
(e) 
A member shall neither participate in the hearing of, nor vote on, an appeal in which that member has a personal, professional or financial interest.
(f) 
The Director of Public Safety shall designate a qualified clerk to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the Director of Public Safety.
(g) 
Subsequent offenses after the property has been declared disruptive and while waiting for an appeal hearing, may be allowed to be admitted into the appeal hearing as evidence.
(h) 
Subsequent complaints received via City of Pittsburgh 311 Response Center ("311") calls or other medium and 911 calls for service prior to property being declared disruptive and subsequent and 311 complaints and 911 calls for service, with or without a citation, summons or arrest, may be allowed to be admitted as evidence in all appeal hearings in order to establish proof of a pattern of disruptive activity in accordance with the Pennsylvania Local Agency Law, 2 Pa. C.S.A. §554 ("Evidence and cross-examination").