§ 156.13 Appeals Board; Variances And Appeals

1. Jurisdiction of Appeals Board. Any persons affected by any written notice (not limited to the following notices) or any persons wishing to submit any petition (not limited to the following petitions) may appeal to the Appeals Board:

A. Notice of Housing Code violation.

B. Notice denying a certificate of structure compliance.

C. Notice denying a rental permit.

D. Notice revoking a rental permit.

E. Notice of intent to placard.

F. Notice of eligibility for rent escrow.

G. Petition for relief.

H. Petition for revocation of a certificate of structure compliance.

I. Petition for variance. If the Appeals Board sustains or modifies a notice, it shall be deemed to be an order, and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time which shall be determined by the Appeals Board.

2. Appeals Board Procedures.

A. The Appeals Board, upon receipt of an appeal request and payment of the filing fee, as established by resolution of the City Council, shall set a time and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven

(7) calendar days prior to the date of the hearing.

B. At such a hearing, the applicant shall have an opportunity to be heard and to show cause as to why such notice or order should be modified, extended, or revoked or why a variance should be granted.

C. The Appeals Board, by a majority vote, may sustain, modify, extend, or revoke a notice to grant or deny a variance.

D. The Appeals Board may grant variances or extensions of time to make repairs. In the event that an extension and/or variance is granted, the Appeals Board shall observe the following conditions:

(1) In lieu of or in addition to administrative extensions, the Appeals Board may grant an extension or extensions of time for the compliance of any order or notice, provided the Appeals Board makes specific findings of fact based on evidence relating to the following:

(a) There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and

(b) Such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(2) Except under extraordinary circumstances, the extension or sum of extensions shall not exceed 18 months.

(3) The Appeals Board may grant a variance in a specific case and from a specific provision of this chapter, subject to appropriate conditions, and provided the Appeals Board makes specific findings of fact based on the evidence presented on the record as a whole and relate to the following:

(a) There are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and

(b) Due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and

(c) An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and

(d) Such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(4) Upon appeal or by petition, the Appeals Board shall consider the adoption of a general variance. The Appeals Board, by a majority vote, may establish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall:

(a) State in what manner the variance from the specific provisions is to be allowed; and

(b) State the conditions under which the variance is to be made; and

(c) Be based upon specific findings of fact based on evidence related to the following: (i) there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and (ii) such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(5) The effective date of the variance shall be 30 calendar days after notification to the City Council unless vetoed by an extraordinary majority of the City Council during said 30-day period.

1. Jurisdiction of Appeals Board. Any persons affected by any written notice (not limited to the following notices) or any persons wishing to submit any petition (not limited to the following petitions) may appeal to the Appeals Board:

A. Notice of Housing Code violation.

B. Notice denying a Certificate of Structure Compliance.

C. Notice denying a rental permit.

D. Notice revoking a rental permit.

E. Notice of intent to placard.

F. Notice of eligibility for rent escrow.

G. Petition for relief.

H. Petition for revocation of a Certificate of Structure Compliance.

I. Petition for variance. If the Appeals Board sustains or modifies a notice, it shall be deemed to be an order, and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time which shall be determined by the Appeals Board.

2. Appeals Board Procedures.

A. The Appeals Board, upon receipt of an appeal request and payment of the filing fee, as established by resolution of the Council, shall set a time and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven calendar days prior to the date of the hearing.

B. At such a hearing, the applicant shall have an opportunity to be heard and to show cause as to why such notice or order should be modified, extended, or revoked or why a variance should be granted.

C. The Appeals Board, by a majority vote, may sustain, modify, extend, or revoke a notice to grant or deny a variance.

D. The Appeals Board may grant variances or extensions of time to make repairs. In the event that an extension or variance is granted, the Appeals Board shall observe the following conditions:

(1) In lieu of or in addition to administrative extensions, the Appeals Board may grant an extension or extensions of time for the compliance of any order or notice, provided the Appeals Board makes specific findings of fact based on evidence relating to the following:

a. There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and

b. Such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(2) Except under extraordinary circumstances, the extension or sum of extensions shall not exceed 18 months.

(3) The Appeals Board may grant a variance in a specific case and from a specific provision of this chapter, subject to appropriate conditions, and provided the Appeals Board makes specific findings of fact based on the evidence presented on the record as a whole and relate to the following:

a. There are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and

b. Due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and

c. An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and

d. Such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(4) Upon appeal or by petition, the Appeals Board shall consider the adoption of a general variance. The Appeals Board, by a majority vote, may establish a general variance for existing structures which cannot practically meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall:

a. State in what manner the variance from the specific provisions is to be allowed; and

b. State the conditions under which the variance is to be made; and

c. Be based upon specific findings of fact based on evidence related to the following: (i) there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and (ii) such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

(5) The effective date of the variance shall be 30 calendar days after notification to the Council unless vetoed by an extraordinary majority of the Council during said 30-day period.