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2005 - 09-19-05 Regular Meeting
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2005 - 09-19-05 Regular Meeting
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Minutes
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Board of Commissioners
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VUoA 0. FwCE ,,.0 <br />an extension of time within which to comply with the decision or order of the Hearing Officer, <br />any appeal from the Hearing Officer shall be taken within ten (10) days from the rendering of the <br />decision or service of the order, and shall be taken by filing with the Inspector, Hearing Officer or <br />Secretary to the Housing Appeals Board, a Notice of Appeal, on forms supplied by the Inspection <br />Department, which shall specify the grounds upon which the appeal is based- Upon the filing of <br />any notice of appeal, the Secretary shall transmit to the Board all the papers constituting the <br />record upon which the decision being appealed was made. When an appeal is from a decision of <br />the Hearing Officer refusing to allow the person aggrieved thereby to do any act, his decision <br />shall remain in force until modified or reversed. When any appeal is from a decision of the <br />flcaring Officer requiring the person aggrieved to do any act, the appeal shall have the effect of <br />suspending the requirement until the hearing by the board, unless the Inspector certifies to the <br />board that such suspension would cause intrttinent peril to life or property, in which case the <br />requirement shall not be suspended. <br />(c) An appeal for an extension of time within which to comply with the decision or order of the <br />Hearing Officer may be taken in the manner set forth in paragraph (b) above, at any time not less <br />than fourteen (14) days prior to the expiration of time to comply. An extension of time shall be <br />granted only if the appellant has commenced lawfully the corrective work or acts directed by the <br />Inspector and completed a minimum of twenty-five (25) percent of the required work or acts, <br />calculated as a percentage of the total of the required work or acts as the Housing Appeals Board <br />may deem reasonable under the circumstances. The Board shall not grant an extension of time <br />for compliance with a decision or order of the Hearing Officer to correct or abate a condition of <br />habitation which poses an imminent threat of serious bodily injury. ']'he Board shall grant an <br />extension of time only for such period it finds is reasonably necessary to complete the corrective <br />work or acts required and may attach such conditions to the extension that it deems necessary to <br />assure orderly progression of such work and acts. The board shall not grant an extension oftime <br />for more than six (6) months following the expiration ofthe time to comply directed by the <br />I-Iearin_ Officer. <br />(d) The I-lousing Appeals Board shall fix If reasonable time for the hearing of all appeals; shall give <br />due notice to all the parties. and shall render its decision within a reasonable time. Any party may <br />appear in person, or by agent or attorney. The Board may reverse or affirm, wholly or partly, or <br />may modify the decision or order as fn its opinion ought to be made in the matter, and to that end <br />it shall have all powers of the Inspector, but the concurrent vote of four (4) members of the Board <br />shall be necesarv to reverse or modify any decision or order of the Inspector. The Board shall <br />have the power also in passing upon appeals, in any case where there are practical difficulties or <br />unnecessary hardships in the way of airp ing out the strict letter of the article, to adapt the <br />application of the article to the necessities of the case to the end that the spirit of the article shall <br />be observed, public salety and welfare secured and substantial justice done. <br />(e) In case any dwellim-, is erected, constructed- altered, repaired, convened, maintained or used fn <br />violation of this article or any valid order or decision of the Inspector or Board made pursuant to <br />this article, the Inspector or Board may institute anv proceedings or appropriate action to prevent <br />such unlawful erection, construction, reconstruction, alteration, or to prevent any illegal act. <br />conduct or use in or about the premises ofihe dw'ellinL. <br />Sec. 4-85. Violations, Penalties and Remedies. <br />(a) Violations. <br />(I) Every clwelI m_ and dkwellin2 unit used as a human habitation, or held out for use as a human <br />habitation. which does not comply kith all the requirements of Division 2 of the code shall <br />be deemed substandard. <br />(2) Unless otherwise provided in this chapter_ all requirements relating to hooting shall be the <br />C imdocAsrAadministrativefiles\OrdlrianceAIn1101dinonce-ICCCO-up(iate(I 1)/ 15103) 17 <br />
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