There shall be a housing board of review which is authorized to hear and decide appeals from compliance orders. The board shall have the power to reverse or affirm wholly or partly or to modify any order of the director; and in specific cases to authorize such variance in the application of the terms of this chapter, where owing to unusual conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(Prior code § 14-43)
Application for such an appeal may be made whenever it is alleged that the compliance order does not conform with the true intent of this chapter or of the rules and regulations adopted pursuant thereto; that the compliance order is contrary to law; that the provisions of this chapter do not fully apply; or that in unusual conditions unnecessary hardship will result from the literal enforcement of this chapter.
Any eligible person desiring to take an appeal shall file in the office of the board within ten ( l 0) days after service of the compliance order, a written appeal including a brief statement of the reasons therefor, and a detailed statement of the facts supporting the appeal. A notice of the appeal shall be forwarded immediately to the director by the secretary of the board.
(Prior code § 14-45)
An appeal fee, in accordance with the following schedule, shall be paid upon filing of any application for an appeal before the board:
A. 
Five dollars whenever an appeal is taken from a compliance order issued as a result of hearing before the director.
B. 
Ten dollars ($10.00) whenever the appellant has not requested a hearing from the director of the minimum housing standards division in accordance with the provisions of Section 15.12.220 or, having made such request, fails to appear at such hearing.
Upon receipt of the appeal fee by the board, such fee shall be paid into the city treasury.
(Prior code § 14-46)
An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken except that the director may certify to the board after receipt of the notice of the appeal, as provided in Section 15.12.490, that by reason of the facts stated in the certificate, any stay of proceedings would in his or her opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the chairman or the acting chairman of the board on application therefor by the appellant upon notice to the director, and on due cause shown, or by a court of competent jurisdiction. Whenever a restraining order has been issued the appeal shall be given priority over all other matters before the board, and shall be promptly heard and decided.
(Prior code § 14-47)
The housing board of review shall consist of five members appointed by the mayor of the city, subject to the approval of the city council. At least one member shall be of the minority party.
(Prior code § 14-48)
One member of the board shall be appointed for five years, one for four years, one for three years, one for two years and one to serve for one year, each new member to serve for five years and until his or her successor has been appointed and qualified. The mayor, with the approval of the council, shall appoint a member of the board to fill any unexpired term if a vacancy occurs.
(Prior code § 14-49)
Each member of the board shall be a resident and qualified elector of the city and one member shall be a qualified builder, or a licensed architect or a licensed professional engineer. No member of the board shall serve on any other appointive board of the city.
(Prior code § 14-50)
The board shall select one of its members to serve as chairman, and the board shall select one of its members to serve as vice-chairman.
(Prior code § 14-51)
No member of the board shall pass on any matter in which he or she has a business or personal interest.
(Prior code § 14-52)
The board shall meet at least once a month and at other times upon the call of the chairman. Notice of the meeting to hear an appeal shall be given the appellant, the director and the members of the board, at least ten (10) days before the holding of the meeting, except for a hearing on an appeal involving a restraining order, at which time notice need not exceed forty-eight (48) hours. Upon receipt of notice of an appeal, the director shall forward immediately to the chairman of the board all pertinent records.
(Prior code § 14-54)
In order for the board to hear an appeal, a quorum of three members of the board must be present. When a quorum is not present, the hearing of the appeal shall be postponed until such time as a quorum is present. The board shall provide for a new date for the hearing of the appeal in accordance with the provisions of the preceding section.
(Prior code § 14-55)
All hearings of the housing board of review shall be de novo. All hearings shall be public, and the appellant, his or her representative, the director and any other person whose interest may be affected by the matter on appeal, and who files a written entry of appearance shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the director. The chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Proceedings of the board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction as provided in Section 15.12.630.
(Prior code § 14-56)
A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the director, and to authorize a variance in the application of any of the provisions of this chapter as provided in Section 15.12.470. In the event of a tie vote of the members of the board present at the hearing, the order or decision of the director shall be deemed to have been sustained.
(Prior code § 14-57)
All decisions of the board shall be in writing. The board shall keep clear and detailed minutes of all its proceedings including its decisions and the reasons therefor and the vote of each member participating therein and the absence of a member or his or her failure to vote. Such record, immediately following the board's decision, shall be flied in the office of the board and shall be a public record. Notice of the board's decision shall be promptly furnished to the appellant, his or her representative, any person who has filed a written entry of appearance and to the director, and the director shall take immediate action in accordance with the decision of the board.
(Prior code § 14-58)
Any person, including the director, aggrieved by a decision of the housing board of review may present to the supreme court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the housing board of review to review such decision of the board and shall prescribe therein the time within which a return thereto must be made, which shall be not less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted upon by it, but shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show grounds of the decision appealed from and shall be verified.
If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision brought up for review.
(Prior code § 14-59)