Any owner or person who is aggrieved with the
ruling or decision of the Code Official in any matter relative to
the interpretation or enforcement of any of the provisions of the
Housing and Property Maintenance Code may appeal the decision or interpretation
to the Board of Building Appeals.
A.
When the literal application of the requirements of
this chapter would cause undue hardship, an exception may be granted
by the Code Official upon written petition under this section. Such
petition shall state the reason therefor. Such exception shall be
made in writing and only when it is clearly evident that reasonable
safety and sanitary conditions are assured, and such exception shall
be conditioned in such a manner to achieve those ends. In granting
an exception, the Code Official may specify conditions and restrictions
not generally specified by this chapter. Actions taken in accordance
with this section shall be subject to review by the Board of Building
Appeals.
B.
A total income of the occupants of a single-family
dwelling less than poverty level as determined by the Department of
Housing and Urban Development shall be considered proof of undue hardship
and the filing of a petition and the holding of a hearing as provided
in this code shall be waived and an automatic exemption shall be granted
from all sections of the Housing Code except where the cost to correct
the violation is estimated by the City to cost more than $50.
C.
In such cases where the occupant's income is less
than poverty level as determined by the Department of Housing and
Urban Development and it is necessary to make safe an unsafe structure
or correct a dangerous condition as provided in this code, any amount
owed the City shall be interest free on all owner-occupied dwellings
and on those non-owner-occupied dwellings on which guaranties of continuing
availability to the occupant can be obtained.
Any person aggrieved by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Board of Housing Appeals, provided that such person shall file with
the Code Official a written petition requesting such hearing and setting
forth a statement of the grounds thereof within 10 days after the
day the notice was served. Within 10 days of receipt of such petition,
the Board of Building Appeals shall set a time and place for such
hearing and shall give the petitioner and complainant written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and show cause why the notice should be modified or withdrawn.
Any notice of violation shall become effective
upon expiration of the period permitted for filing a petition for
hearing, provided that no petition is received by the Code Official
prior to the period of expiration. If a hearing is properly requested,
such notice shall not become effective until the written decision
of the hearing as provided by this code is served.
The proceedings of such hearings, including
the findings and decision of the Board of Building Appeals, shall
be summarized, reduced to writing and entered as a matter of public
record in the records of the Code Official. Such record shall also
include a copy of every notice or order issued in connection with
the matter. A copy of the written decision of the Code Official shall
then be served, in the manner prescribed under this code, on the person
who filed the petition for hearing. The Board of Building Appeals
shall render said decision within 30 days after the hearing.
