2005 - 09-19-05 Regular Meeting - Laserfiche WebLink

Home Browse Search

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