§ 6-199. Appeals.

(a)

Any person directly affected by a decision of the DCO or a notice or order issued under this Code shall have the right to appeal to the construction advisory and appeals board provided that a written application for an appeal is filed within thirty (30) days after the date of the decision, notice or order has been served. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this Code do not fully apply, or the requirements of this Code are adequately satisfied by other means.

(b)

Appeals shall be heard by the construction advisory and appeals board.

(c)

A member of the construction advisory and appeals board shall not hear an appeal in which that member has a personal, professional or financial interest.

(d)

The construction advisory and appeals board shall meet within thirty (30) days of a filing of an appeal, or stated periodic meetings.

(e)

All hearings before the construction advisory and appeals board shall be open to the public. The appellant, the appellant's representative, the DCO and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds ( 2/3 ) of the board membership.

(f)

The construction advisory and appeals board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(g)

When a quorum by the construction advisory and appeals board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

(h)

The construction advisory and appeals board may adopt, modify or reverse the decision of the DCO by a concurring vote, provided a quorum exists, of the majority of the board members.

(i)

The decision of the construction advisory and appeals board shall be final and recorded in the office of the county clerk. Copies shall be furnished to the appellant and to the DCO. The DCO shall provide the following to be recorded at the office of the county recorder:

(1)

A certificate describing the property and certifying that the building is substandard.

(2)

That the owner has been so notified.

(3)

The decision of the construction advisory and appeals board.

(j)

Except for vacation orders made pursuant to this Code, enforcement of any notice and orders of the DCO issued under this Code shall remain until the appeal is heard by the construction advisory and appeals board.

(Ord. No. 10-111, 7-27-10)