The Board of Rental Housing Appeals of the Town
of Hampstead is hereby created and designated as the "Board of Rental
Housing Appeals." The number of members of such Board shall be three,
with one or more alternates. The Board shall be comprised of one member
of the Town Council, one member of the Planning and Zoning Commission
and one member of the Board of Zoning Appeals as appointed by the
Mayor.
The Board shall be organized and its rules shall
be amended, if necessary, in accordance with the provisions of this
chapter. Meetings of the Board shall be held at the call of the Chairman,
and at such other times as the Board may determine. The Chairman or,
in his absence, the Acting Chairman may administer oaths and compel
the attendance of witnesses. For assistance in reaching decisions
relative to appeals, conditional uses or variances, the Board may
request testimony at its hearings for purposes of securing technical
aid or factual evidence from any county agency. All meetings of the
Board shall be open to the public. The Board shall keep minutes of
its proceedings and shall keep records of all its official actions,
all of which shall be filed in the office of the Board and shall be
a public record.
[Amended 11-13-2007 by Ord. No. 439]
An appeal to the Board may be taken by any person
aggrieved by the Town Manager in the enforcement of this chapter of
the Town Code. Such appeal shall be taken within 10 days after the
decision by filing with the Town Manager and with the Board a notice
of appeal, specifying the grounds thereof. The Town Manager shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from was taken.
Upon the filing of an application before the
Board, the following action shall be taken preparatory to holding
a hearing thereon:
A. The Board shall fix a reasonable time for a hearing
of the application or appeal.
B. Notice of the hearing shall be advertised at least
once in a newspaper having general circulation in the Town of Hampstead,
and such advertisement shall be made at least 20 days prior to such
hearings.
C. Property upon which the application or appeal is concerned
shall be posted conspicuously by a zoning notice no less in size than
22 inches by 28 inches at least 14 days before the date of the hearing.
D. Notification by certified mail shall be made to the
appellant or petitioner and to the owners of those properties and
the addresses certified on the notice of appeal by the appellant or
petitioner as being contiguous to the property with which the hearing
is concerned.
E. The Board, upon application in writing by any interested
party filed with the Town Manager no less than 10 days prior to the
date of scheduled hearing, shall visit the specific property involved
prior to the hearing. The Board, in its discretion, may otherwise
visit the specific property prior to or after the hearing.
The Board, following such action above, shall
hold such hearing. At the hearing, any party may appear and be heard
in person or by agent or attorney.
Any person or persons, jointly or severally,
aggrieved by a decision of the Board, or by a zoning action by the
local legislative body or any taxpayer or any officer, department,
board or bureau of the Town of Hampstead, may appeal to the Circuit
Court for Carroll County as provided for by state law. The Court may
affirm, reverse, vacate or modify the decision complained of in the
appeal to the extent and as provided for by state law.
A filing fee shall accompany each application
for an appeal to the Board as may be determined by the Mayor and Council
of the Town of Hampstead.