TO: Mayor and Members of City Council
THRU: Kristoff Bauer, ICMA-CM, Deputy City Manager
FROM: Bart Swanson, Housing and Code Enforcement Division Manager
Gerald Newton, AICP, Development Services Director
DATE: March 18, 2019
RE:
Title
Board of Appeals Annual Report
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal III: High Quality Built Environment
Objective C: To revitalize neighborhoods with effective zoning, code enforcement, and violations abatement.
Executive Summary:
The Board of Appeals Annual Report will be presented by the Board Chair Person, Mr. Roland Fairley.
Background:
The Board of Appeals is a quasi-judicial body responsible for hearing and deciding appeals of decisions of orders related to violations of Chapter 14 (Housing, Dwellings and Buildings) of the City Code of Ordinances which include sub-standard, blighted, and dangerous buildings, Residential Action Management Program (RAMP), Nuisance Properties; Chapter 26 (Taxicabs); and Chapter 22 (22-16 only, Nuisance Vacant Lots). This board is not to be confused with the Board of Adjustments and Zoning Appeals that is tied to Chapter 30 and deals with zoning and subdivision matters. This board’s focus is on structure violations, vacant lot and property nuisance violations, and non-issuance of Taxicab certificates of public convenience and Driver’s Permits.
The five-member board formed in October 2015. Prior to 2015, three separate boards existed for each of the three city chapters of the Code of Ordinances. Three members of the Board constitute a quorum to conduct business. Regular meetings are held, as needed, on the first Thursday of each month at 6:00 pm in the Lafayette Conference Room. The Board is composed of five regular members appointed by the City Council for three year, staggered terms.
Two appeal cases (Substandard Building) have occurred since the last report to the City Council.
Board Members
Mr. Roland Fairley, Chair Person
Ms. Stella Mullen, Vice-Chair
Mr. Thomas Neal, Member
Ms. Charay Dupree, Member
Ms. Vanessa Iacovone, Member
Staff Review
Before the appeal is heard by the Board of Appeals, staff reviews the appeal for timeliness and consideration of reason for the appeal. If the appeal is justified, staff will administratively dismiss the related decision or order without the need of setting the appeal for a hearing before the Board. If staff finds that the appeal is not justified, the appeal is set for a hearing before the Board at the next scheduled meeting date. Staff prepares all hearing notices and case documents for the Board.
Appeals
Appeals occur when the owner does not agree with the property maintenance plan as determined by the hearing officer and appeals. The appeal is heard before the Board of Appeals.
• A request for an appeal hearing by the board of appeals must be filed in writing with the city clerk's office within ten business days of the date the property maintenance plan is mailed to the property owner. The property owner shall provide a valid current address for the purpose of all notifications required to be made pursuant to this article.
• The request must state the reason for the appeal.
• The hearing is open to the public, unless the Appellant in a taxicab appeal hearing requests a closed hearing; however, testimony is restricted to the Appellant, his witnesses, and City staff.
• Subject to cross examination, City staff will present testimony and information relating to the justification of the City decision or order.
• The Appellant and his witnesses then will present testimony and information relating to the basis of the appeal.
• The Appellant is not required to be present at the appeal hearing. The Appellant may also have a representative appear at the hearing to act on his behalf.
• Upon considering the testimony and evidence presented at the hearing, the Board may either affirm, modify and affirm, or revoke the City decision or order, as further noted below.
• The board of appeals, after a hearing, may modify or reverse the application of any corrective action provisions stipulated in the property maintenance plan when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this chapter or public interest, or when, in its opinion, the corrective action provisions should be modified or reversed.
• A decision of the board to modify the corrective action provisions shall specify in what manner such modification is made, the conditions upon which it is made, and the reasons therefore.
• Every decision of the board of appeals shall be in writing, and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the planning and code enforcement services director or his designee.
• The board of appeals shall in every case reach a decision without unreasonable or unnecessary delay. If a decision of the board of appeals reverses or modifies any corrective action provisions stipulated in the property maintenance plan, the planning and code enforcement services director shall or his designee shall immediately take action in accordance with such decision.
• The owner shall have the right to seek judicial review of the board of appeals decision in a proceeding in the nature of certiorari instituted in the Superior Court of Cumberland County within 30 days after the board of appeals decision.
Appeal Hearing of the Board of Appeals
Since the last report, there have been two appeals at the same property brought before the Board of Appeals. The appeals were related to staff’s findings of substandard building conditions. Both appeals were denied and ended with no further appeal.
Issues/Analysis:
Not applicable
Budget Impact:
Staff liaison costs are included in the budget
Options:
Receive Board of Appeals Annual Report
Recommended Action:
Receive Board of Appeals Annual Report
Attachments:
None