Laserfiche WebLink
of repair as to be dangerous, unsafe, insanitary or otherwise un- <br />fit for human habitation or occupancy, and such that it is unrea- <br />sonable to reQair the structure, to demolish and remove such <br />structure; or if such structure is capable of being made safe by <br />repairs, to repair and make 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 than two years, to demolish and remove such structure. <br />11U.2 Notices and orders. All notices and orders shall comply <br />with Section 107. <br />110.3 Failure to comply. If the owner of a premises fails to <br />comply wi[h a demolition order within the time prescribed, the <br />code official shall cause the structure to be demolished and re- <br />moved, either through an available public agency or by contrac[ <br />or arrangement with private gersons, 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 structt�re has been ordered <br />demolished and removed, the govzrn�ng body er other.desig- <br />nated ofticer under said contract or arrangement aforesaid shall <br />have the right to sell the salvage and valuable materials at the <br />highest price obtainable. The nct 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 transacuon, <br />including the items of expense and the amounts deducted, for <br />tne person who is entitled thereto, subject to any order of a <br />cour[. 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 Application for appeal. Any person directly affected by <br />a decision of the code o�cial or a notice or order issued under <br />this code shall 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 that the true in- <br />tent of this code or the i�ules legally adopted thereunder have <br />been inconectly intetpreted, the provisions of this code do not <br />fully apply, or the requiremenrs of this code are adequately sat- <br />�1 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-officio member but shall ha: e <br />no vote on any matter before the board. The board shall be ap- <br />pointed by the chief appointing authority, and shall serve stag- <br />gered and overlapping terms. <br />111.2.1 Alternate members. The chief appointing author- <br />ity shall appoint cwo or more altemace members who shall <br />be called by Che board chairman to hear appeals during the <br />absence or disqualification of a member. Alternate members <br />shall possess the qualifications required for board member- <br />ship. <br />�nn� WTERNATIONAL PROPER7Y MAINTENANCE CODE� <br />ADMINISTRATIQN <br />111.2.2 Chairman. The board shall annually select one of <br />its members to serve as chairman. <br />111.2.3 Disqualification of inember. A member shall not <br />hear an appeal in which that member has a personal, profes- <br />sional or iinancial interest. <br />111.2.4 Secretary. The chief administrative officer 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 />ceedings in the office of the chief administrative officer. <br />111Z.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 d�e chairman, wi[hin 20 days of the filing of an appeal, or <br />at stated periodic meetings. <br />1ll.4 Open hearing. All hearings before the board shail be <br />open to the nublic. The appellant, the appellant's representa- <br />tive, the code official and any person whose interests are af- <br />fected shall be given an opportunity to be heard. A quorum <br />shall consist of not less than two-thirds of the board member- <br />ship. <br />111.4.1 Praeed�rP Th°. board shall adoat and make avail- <br />able to the public through the secretary procedures under <br />which a hearing will be conducted. The procedures shall not <br />require compliance with strict rules of evidence, but shall <br />mandate that oniy relevant information be received. <br />111.5 Postponed hearing. W hen the full board is not present to <br />hear an appeal, either the appellant or the appellant's represen- <br />tative shall have the right to request a postponement of the hear- <br />ing. <br />111.6 Board decision. The board shall modify or reverse the <br />decision of the code official only by a concurring vote of a ma- <br />joriry of the tota] number of appointed board members. <br />ll1.6.1 Records and copies. The decision of the board <br />shall be recorded. Copies shall be furnished to the appeilant <br />and to the code ofticial. <br />111.6.2 Administration. The code official shall take imme- <br />diate action in accordance with the decision of the board. <br />111.7 Court review. Any person, whether or not a previous <br />party of the appeal, shall have the right [o 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 the <br />chief administrative officer. <br />111.8 Stays of enforcement. Appeals of notice and orders <br />(other than Imminent Danger notices) sball stay the enforce- <br />ment of the notice and order until the appeal is heard by the ap- <br />peals board. <br />;i <br />; ;I <br />