(1) Purpose. The purpose of this board is to hear the appeal of any owner or person who is aggrieved by a ruling or decision of the enforcing officer or any administration official, in any matter relative to the interpretation or enforcement of any of the provisions of the property maintenance code of the city. The board is authorized to make investigations relative to the complaint and may overrule the decisions of any administrative officer including the neighborhood development manager.
(2) Appointments. The board shall be composed of seven members, four appointed by the mayor and three appointed by the council.
(3) Qualifications. Members shall be residents of the city. Members may be, but are not required to be, persons who are elected, appointed, or otherwise employed by the city, but such members shall not constitute a majority of the board. Consideration shall be given for appointment to the board to tenants, owners, and persons with experience in the area of building, managing, and leasing housing.
(4) Rules of Procedure. The housing quality appeals board shall establish its own rules of operating procedure which may be amended form time to time by a majority of the membership; provided, however, that a petitioner seeking an exception from the code shall always be required to make a showing that the exception requested shall not harm the safety, health, or welfare of the occupants as well as provide a reasonable explanation of why the variance is needed.
(5) Powers and Duties. The powers and duties of the board of housing quality appeals shall be to:
(a) Hear and determine appeals from and review any order, requirement, decision or determination
made by an administrative official or board charged with the enforcement of any regulation or restrictions set forth in the property maintenance code;
(b) Permit and authorize exceptions in particular situations specified in the property maintenance code;
(c) Hear and decide special exceptions to the terms of the property maintenance code upon which the board is required to act under this section;
(d) In exercising its powers, the housing quality appeals board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the officer or board from which the appeal is taken.
(6) Jurisdiction. The jurisdiction of the board shall extend to appeals from the decisions of any administrative officer charged with the enforcement of the property maintenance code within the city.
(7) Jurisdiction Granting Exceptions--Requirements. In the matter of granting exceptions, the board shall not assume jurisdiction unless it first finds in each individual case that the following conditions are present:
(a) That the value of the area about the property to which the exception is to apply will not be adversely affected;
(b) That the exception is consistent with the intent and purpose of the housing code and promotes public health, safety, and general welfare.
(8) Petitions. A person may petition the board to appeal any decision of any administrative official or enforcing officer by submitting a written petition to the board, accompanied by a filing fee of twenty dollars. Petitioner must list the names of the occupants of the premises in the petition.
(9) Board Action on Petition. Within thirty days after the filing, the board shall investigate the petition and set a date for a public hearing to be held within thirty days thereof. Notice of the public hearing shall be advertised at least ten days beforehand according to provisions in IC 5-3-1. The cost of advertising shall be borne by the petitioner. Notice of the hearing shall be served at least ten days before the hearing date on the petitioner, the per- son having possession of the premises and the owner of the premises, if the owner is not in possession. The occupants of the premises shall be allowed to participate in the public hearing.
(10) Board Decision. Four concurring votes are required for a board determination. No member shall vote on any question in which result the member is immediately and particularly interested. When the board has decided any question, any member voting on the prevailing side may move a reconsideration of the vote thereon before adjournment of the session of the board at which the vote is taken. Concurrence of a majority shall be sufficient to order reconsideration of a vote, but if a motion to reconsider is lost, it shall not again be entertained. Except in those matters irrevocable by nature or circumstance and except insomuch as contractual or vested rights may have been established pursuant thereto, a decision of the board once made may be rescinded only by a subsequent decision.
Not more than ten days after such hearing the board shall make its findings, reasons for the decision, decision and recommendations in writing to the neighborhood development manager.
(11) Notice of Decision. A copy of the board's written findings, determination, reasons for the decision, and recommendation shall be mailed to the person having possession of the premises, the owner of the premises, if the owner is not in possession, and the petitioner, if a different party. In addition, the board shall make a detailed report of all its proceedings, setting forth its reasons, the vote of each member participating and the absence or abstention from voting of a member. Such record shall be open to public inspection in the offices of the board and the neighborhood development manager.
(12) Appeal from Board Decision. Any person jointly or severally aggrieved by a decision of the board may proceed in any court of competent jurisdiction. (Ord. 97-06 §§ 3--8, 1997; Ord. 86-19 §§ 20--23, 1986; Ord. 84-20 § 1, 1984; Ord. 83-6 § 2 (part), 1983).