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^ ADMINlSTRATION <br />i! : <br />r <br />of repair as tn be dangerous, unsafe, insanitary or otherwise un- <br />fit for human habitation or occupancy, and such that it is unrea- <br />sonable to repair the struc[ure, to demolish and remove such <br />structure; or if such structure is capable of being made safe by <br />repairs, to repair and Lnake safe and sanitary or to demolish and <br />remove at the owner's option; or where there has been a cessa- <br />tion of normal construction of any structure for a period of <br />more [han two years, to demolish and remove such structure. <br />liU.2 Notices and orders. All notices and orders shall comply <br />with Section 107. <br />120.3 Failure to comply. If the owner of a premises fails to <br />comply with a deruolition order wi[hin the tune prescribed, the <br />code official shall cause the structure to be demolished and re- <br />moved, either through an available public agency or by contract <br />or arrangement with pnvate persons, and the cost of such de- <br />molition and removal shall be charged against the real estate <br />upon which the structure is located and shall be a lien upon such <br />real estate. <br />110.4 Salvage materials. When any structure has been ordered <br />demolished and removed, the go-ve�r�ng body er other.des?g- <br />nated ofFicer under said contract or arrangement aforesaid shall <br />have the right to sell the salvage and valuable ma[er.ials at the <br />highest price obtainable. The net proceeds of such sale, after <br />deducting the expenses of such demolition and removal, shall <br />h�. promptly remitted with a report of such sale or u�ansaction, <br />in-.luding the items of expense and the amounts deducted, for <br />tt�e person who is entitled thereto, subject to any order of 2 <br />court. If such a surplus does not remain to be turned over, the re- <br />port shall so state. <br />SECTION 111 <br />MEANS OF APPEAL <br />111.1 Applicadon for appeal. Any person directly affected by <br />a decision of the code official or a notice or order issued under <br />this code sball have the right to appeal to the board of appeals, <br />provided that a written application for appeal is filed within 20 <br />days after the day the decision, notice or order was served_ An <br />application for appeal shall be based on a claim [hat the true in- <br />[ent of this code or the rules ]egally adopted thereunder have <br />been incorrectly interpreted, the provisions of ihis code do not <br />{u]]y apply, or the requirements of this code are adequately sat- <br />s► isfied by other means. <br />111.2 Metnbership of board. The board of appeals shall con- <br />sist of a minimum of three members who are qualified by expe- <br />rience and training to pass on matters pertaining to pr�perty <br />maintenance and who are not employees of the jurisd�ctioi�. <br />The code official shall be an ex-ofticio member but shall have <br />no vote on any matter before the board. The board shall be ap- <br />pointed by the chief appointing auihoriry, and shall serve stag- <br />gered and overlapping terms. <br />111.2.1 Alternate members. The chief appointing author- <br />ity shall appoint two or more alternate members who shall <br />be called by the board chairman to hear appeals during the <br />absence or disqualification of a member. P,lternate members <br />shall possess the qualifications required for board member- <br />ship. <br />�nn_z �NTERNATIONAL PROPER7Y MAINTENANCE CODE� <br />111.2.2 Chairman. The board shali annually select one of <br />its members to serve as chairman. <br />111.2.3 Disquali6cation of inember. A member shall not <br />hear an appeal in which lhat tnember has a personal, profes- <br />sional or iinancial interest. <br />111.2.4 Secretary. The chief administrative o�cer shall <br />designate a qualified person to serve as secretary to the <br />board. The secretary shall file a detailed record of all pro- <br />ceedii�gs in tUe office of the chief administrative officer. <br />111.2.5 Compensation of inembers_ Compensation of <br />members shall be determined by law. <br />111.3 Notice of ineeting. The board shall meet upon notice <br />from the chairman, wi[hin 20 days of [he filing of an appeal, or <br />at stated periodic meetings. <br />ll1.4 Open hearing. All hearings before the board shall be <br />open io the nubtic. The appellant, the appellant's represen[a- <br />tive, the code official and any person whose incerests are af- <br />fecied shall be given an opport�mity to be heard. A quorum <br />shall consist of not less than two-thirds of the board member- <br />ship. <br />111.4.1 Pr�cedars. Th° board shall adopt and make avail- <br />able to the public ttu•ough the secretary procedures under <br />which a hearing will be conducled. The procedures shall not <br />require compliance with strict rules of evidence, but shall <br />mandate that oniy relevant information be received. <br />ll 1.5 Postponed hearing. When the fuil board is not present to <br />ttear an appeal, either the appellant or the appellant's represen- <br />tative shall have the rightto request a postponement of the hear- <br />ing. <br />111.6 Board decision. The board shall modify or reverse che <br />decision of the code o�cial only by a concuaing vote of a ma- <br />joriry of the total number of appointed board members. <br />111.6.1 Kecords and copies. The decision of ihe board <br />shall be recorded. Copies shall be furnished to the appeitant <br />and co the code ofticial. <br />111.6.2 A.dministration. The code official shal] take imme- <br />diate action in accordance with che decision of the board. <br />ll1.7 Court review. Any person, whether or not a previous <br />party of the appeal, shall have the right to apply to the appropri- <br />ate court for a writ of certiorari to correct errors of law. Applica- <br />tion for review shall be made in the manner and time required <br />by law following the filing of the decision in the ofFice of ti�e <br />chief administrative officer. <br />1ll.8 Stays uf enforcement. Appeals of notice and orders <br />(other than Imminent Danger notices) shall. stay the enforce- <br />ment of the notice and order until the appeal is heazd by the ap- <br />peats board. <br />