§ 8-12. Appeals.

(a)

The board of adjustment is hereby appointed as the housing appeals board to which appeals from any decision or order of the housing inspector may be taken. Except where this chapter provides for different rules or procedures, the board of adjustment acting as the housing appeals board shall follow its rules of procedure, which may be amended to provide specifically for this function.

(b)

An appeal from any decision or order of the housing inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the city. Any appeal from the housing inspector shall be taken within ten (10) days from the rendering of the decision or service of the order by filing with the housing inspector and with the board a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the housing inspector shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the housing inspector refusing to allow the person aggrieved thereby to do any such act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the housing inspector 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 housing inspector certifies to the board after the notice of appeal is filed with him, that because of facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one (1) day's written notice to the housing inspector, by the board, or by a court of record upon petition made pursuant to subsection (e) of this section.

(c)

The board of adjustment shall fix a reasonable time for hearing appeals, shall give due notice to 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 appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and to that end it shall have all the powers of the housing inspector, but the concurring vote of four-fifths ( 4/5 ) of the members of the board shall be necessary to reverse or modify any decision or order of the housing inspector. The board shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the chapter, to adapt the application of the chapter to the necessities of the case to the end that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.

(d)

Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the board, but not otherwise.

(e)

Any person aggrieved by an order issued by the housing inspector or a decision rendered by the board may petition the superior court for an injunction, restraining the housing inspector from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the housing inspector pending a final disposition of the cause. The petition shall be filed within thirty (30) days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition within twenty (20) days, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.

(Ord. of 9-23-02)