§ 7.8.18. Rules of procedure for hearing appeals, Board of Adjustment.

[Amd. Ord. 47-07 10/16/07]

(A)

Reasonable dispatch. The Board of Adjustment shall proceed with reasonable dispatch to conclude any matter before it. [Amd. Ord. 47-07 10/16/07]

(B)

Form of hearing notice to appellant(s).

(1)

The Hearing Notice shall include, but not be limited to, the following information:

(a)

The date, time, and place of the hearing;

(b)

The legal description and/or address of the subject property, as applicable;

(c)

A statement that persons may be represented by counsel; and

(d)

A statement that appellants may present all relevant testimony on those issues which they intend to raise in accordance with their appeal request as addressed to the Chief Building Official.

(C)

Procedures for hearing.

(1)

The Hearing Notice shall be served personally or by certified mail, return receipt requested, at least seven days prior to the hearing date unless the appellant waives such requirement.

(2)

The Board of Adjustment may grant a continuance for good cause. [Amd. Ord. 47-07 10/16/07]

(3)

When the hearing is scheduled, the Board of Adjustment shall: [Amd. Ord. 47-07 10/16/07]

(a)

Hear from the Chief Building Official or his designees or others who may offer relevant testimony as to and as applicable to:

(i)

The Notice of Unsafe Building/Structure and all attachments thereto or other matters being appealed.

(ii)

Proof of service of the Notice of Unsafe Building/Structure on the owner of record and on any person determined from official public records to have a legal interest in the property or proof of service or receipt by the appellant(s) of any other written decision which is being appealed.

(iii)

The time of posting the Notice of Unsafe Building/Structure, including time to vacate, if any, and the location of the notices on the building or structure

(iv)

The particulars of the defects and conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter, with photographs as necessary.

(v)

The recommended corrective actions to be taken and the reasons for the recommendations.

(vi)

Corrective actions, if any, already undertaken.

(vii)

The reasons and bases supporting the written decision made by the Chief Building Official which is being appealed.

(b)

Hear from other interested parties present in accordance with requirements of this chapter.

(4)

Evidence.

(a)

The Hearing before the Board of Adjustment shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. [Amd. Ord. 47-07 10/16/07]

(b)

In any proceedings under this chapter any member of the Board shall have the power to administer oaths and affirmations and to certify official acts.

(c)

Oral evidence shall be taken only on oath or affirmation.

(d)

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court.

(e)

Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of evidence over objection in civil courts.

(5)

The Board of Adjustment may inspect any building, structure or portion thereof involved in the appeal during the course of the hearing, provided the following are complied with: [Amd. Ord. 47-07 10/16/07]

(a)

Notice of an inspection is given to the appellant prior to the inspection;

(b)

The appellant is allowed to be present during the inspection; and

(c)

The Board members conducting the inspection state for the record, upon completion of their inspection, the conditions observed and any conclusions drawn therefrom.

(6)

When an appeal is heard before the Board itself, any member who does not hear the evidence presented shall not vote or take part in the decision.

(7)

The Board of Adjustment may be provided independent counsel, including counsel from the City Attorney's office, to advise it during the course of an appeal hearing. [Amd. Ord. 47-07 10/16/07]

(D)

Decision of the Board.

(1)

The Board, if requested, shall determine whether the finding of the Chief Building Official or his designee that the building or structure is unsafe is proper under the guidelines of this chapter, and whether the mandated corrective action is necessary to render the building safe under the guidelines of this chapter. In cases where demolition has been ordered if repairs are not made, the Board shall, if requested, determine that demolition is proper. The Board may uphold the determination of the Chief Building Official or his designee, may send the matter back for further investigation and review by the Chief Building Official or his designee, or may make a finding that the condition complained of by the Chief Building Official or his designee does not render the building unsafe within the guidelines of this chapter, or that the corrective action required by the Chief Building Official or his designee is beyond what is required under this chapter to render the building safe.

As to any other matter or appeal, the Board may affirm, deny or modify the written decision of the Chief Building Official in accordance with codes and ordinances adopted by the City.

(2)

The Board shall issue its written decision within 15 working days of the conclusion of the hearing. The decision shall be in writing and shall set forth the evidence presented and the findings of the Board. The effective date of the Board's final decision shall be the date of the written decision. The Board may grant one and only one extension of the time specified for making repairs and that extension may not exceed 60 days from the date of the Board's written decision to grant an extension. The Board may require the appellant to take actions to ensure the safety of the public or occupants during the extension period.

(E)

Recourse. If the appellant or the City is aggrieved by the decision of the Board, nothing in this chapter shall be construed to deprive him or the City of seeking redress in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective date of the Board's final written decision and shall constitute a stay of any enforcement by the Chief Building Official or his designee except an order to vacate which was unappealed or upheld by the Board.