(a) The governing body may provide for the creation andorganization of a housing appeals board to which appeals may be taken from anydecision or order of the public officer, or may provide for such appeals to beheard and determined by its zoning board of adjustment.
(b) The housing appeals board, if created, shall consist of fivemembers to serve for three‑year staggered terms. It shall have the powerto elect its own officers, to fix the times and places for its meetings, toadopt necessary rules of procedure, and to adopt other rules and regulationsfor the proper discharge of its duties. It shall keep an accurate record of allits proceedings.
(c) An appeal from any decision or order of the public officermay be taken by any person aggrieved thereby or by any officer, board orcommission of the city. Any appeal from the public officer shall be takenwithin 10 days from the rendering of the decision or service of the order byfiling with the public officer and with the board a notice of appeal whichshall specify the grounds upon which the appeal is based. Upon the filing ofany notice of appeal, the public officer shall forthwith transmit to the boardall the papers constituting the record upon which the decision appealed from wasmade. When an appeal is from a decision of the public officer refusing toallow the person aggrieved thereby to do any act, his decision shall remain inforce until modified or reversed. When any appeal is from a decision of thepublic officer requiring the person aggrieved to do any act, the appeal shallhave the effect of suspending the requirement until the hearing by the board,unless the public officer certifies to the board, after the notice of appeal isfiled with him, that because of facts stated in the certificate (a copy ofwhich shall be furnished the appellant), a suspension of his requirement wouldcause imminent peril to life or property. In that case the requirement shallnot be suspended except by a restraining order, which may be granted for duecause shown upon not less than one day's written notice to the public officer,by the board, or by a court of record upon petition made pursuant to subsection(f) of this section.
(d) The appeals board shall fix a reasonable time for hearingappeals, shall give due notice to the parties, and shall render its decisionwithin a reasonable time. Any party may appear in person or by agent orattorney. The board may reverse or affirm, wholly or partly, or may modify thedecision or order appealed from, and may make any decision and order that inits opinion ought to be made in the matter, and to that end it shall have allthe powers of the public officer, but the concurring vote of four members ofthe board shall be necessary to reverse or modify any decision or order of thepublic officer. The board shall have power also in passing upon appeals, whenpractical difficulties or unnecessary hardships would result from carrying outthe strict letter of the ordinance, to adapt the application of the ordinance tothe necessities of the case to the end that the spirit of the ordinance shallbe observed, public safety and welfare secured, and substantial justice done.
(e) Every decision of the board shall be subject to review byproceedings in the nature of certiorari instituted within 15 days of thedecision of the board, but not otherwise.
(f) Any person aggrieved by an order issued by the publicofficer or a decision rendered by the board may petition the superior court foran injunction restraining the public officer from carrying out the order ordecision and the court may, upon such petition, issue a temporary injunctionrestraining the public officer pending a final disposition of the cause. Thepetition shall be filed within 30 days after issuance of the order or renderingof the decision. Hearings shall be had by the court on a petition within 20days, 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 finalorder or decree as law and justice may require. It shall not be necessary tofile bond in any amount before obtaining a temporary injunction under thissubsection.
(g) If any dwelling is erected, constructed, altered, repaired,converted, maintained, or used in violation of this Part or of any ordinance orcode adopted under authority of this Part or any valid order or decision of thepublic officer or board made pursuant to any ordinance or code adopted underauthority of this Part, the public officer or board may institute anyappropriate action or proceedings to prevent the unlawful erection,construction, reconstruction, alteration or use, to restrain, correct or abatethe violation, to prevent the occupancy of the dwelling, or to prevent anyillegal act, conduct or use in or about the premises of the dwelling. (1939, c. 287, s. 6; c. 386; 1969, c. 868, s. 5; 1971,c. 698, s. 1.)
(a) The governing body may provide for the creation andorganization of a housing appeals board to which appeals may be taken from anydecision or order of the public officer, or may provide for such appeals to beheard and determined by its zoning board of adjustment.
(b) The housing appeals board, if created, shall consist of fivemembers to serve for three‑year staggered terms. It shall have the powerto elect its own officers, to fix the times and places for its meetings, toadopt necessary rules of procedure, and to adopt other rules and regulationsfor the proper discharge of its duties. It shall keep an accurate record of allits proceedings.
(c) An appeal from any decision or order of the public officermay be taken by any person aggrieved thereby or by any officer, board orcommission of the city. Any appeal from the public officer shall be takenwithin 10 days from the rendering of the decision or service of the order byfiling with the public officer and with the board a notice of appeal whichshall specify the grounds upon which the appeal is based. Upon the filing ofany notice of appeal, the public officer shall forthwith transmit to the boardall the papers constituting the record upon which the decision appealed from wasmade. When an appeal is from a decision of the public officer refusing toallow the person aggrieved thereby to do any act, his decision shall remain inforce until modified or reversed. When any appeal is from a decision of thepublic officer requiring the person aggrieved to do any act, the appeal shallhave the effect of suspending the requirement until the hearing by the board,unless the public officer certifies to the board, after the notice of appeal isfiled with him, that because of facts stated in the certificate (a copy ofwhich shall be furnished the appellant), a suspension of his requirement wouldcause imminent peril to life or property. In that case the requirement shallnot be suspended except by a restraining order, which may be granted for duecause shown upon not less than one day's written notice to the public officer,by the board, or by a court of record upon petition made pursuant to subsection(f) of this section.
(d) The appeals board shall fix a reasonable time for hearingappeals, shall give due notice to the parties, and shall render its decisionwithin a reasonable time. Any party may appear in person or by agent orattorney. The board may reverse or affirm, wholly or partly, or may modify thedecision or order appealed from, and may make any decision and order that inits opinion ought to be made in the matter, and to that end it shall have allthe powers of the public officer, but the concurring vote of four members ofthe board shall be necessary to reverse or modify any decision or order of thepublic officer. The board shall have power also in passing upon appeals, whenpractical difficulties or unnecessary hardships would result from carrying outthe strict letter of the ordinance, to adapt the application of the ordinance tothe necessities of the case to the end that the spirit of the ordinance shallbe observed, public safety and welfare secured, and substantial justice done.
(e) Every decision of the board shall be subject to review byproceedings in the nature of certiorari instituted within 15 days of thedecision of the board, but not otherwise.
(f) Any person aggrieved by an order issued by the publicofficer or a decision rendered by the board may petition the superior court foran injunction restraining the public officer from carrying out the order ordecision and the court may, upon such petition, issue a temporary injunctionrestraining the public officer pending a final disposition of the cause. Thepetition shall be filed within 30 days after issuance of the order or renderingof the decision. Hearings shall be had by the court on a petition within 20days, 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 finalorder or decree as law and justice may require. It shall not be necessary tofile bond in any amount before obtaining a temporary injunction under thissubsection.
(g) If any dwelling is erected, constructed, altered, repaired,converted, maintained, or used in violation of this Part or of any ordinance orcode adopted under authority of this Part or any valid order or decision of thepublic officer or board made pursuant to any ordinance or code adopted underauthority of this Part, the public officer or board may institute anyappropriate action or proceedings to prevent the unlawful erection,construction, reconstruction, alteration or use, to restrain, correct or abatethe violation, to prevent the occupancy of the dwelling, or to prevent anyillegal act, conduct or use in or about the premises of the dwelling. (1939, c. 287, s. 6; c. 386; 1969, c. 868, s. 5; 1971,c. 698, s. 1.)
(a) The governing body may provide for the creation andorganization of a housing appeals board to which appeals may be taken from anydecision or order of the public officer, or may provide for such appeals to beheard and determined by its zoning board of adjustment.
(b) The housing appeals board, if created, shall consist of fivemembers to serve for three‑year staggered terms. It shall have the powerto elect its own officers, to fix the times and places for its meetings, toadopt necessary rules of procedure, and to adopt other rules and regulationsfor the proper discharge of its duties. It shall keep an accurate record of allits proceedings.
(c) An appeal from any decision or order of the public officermay be taken by any person aggrieved thereby or by any officer, board orcommission of the city. Any appeal from the public officer shall be takenwithin 10 days from the rendering of the decision or service of the order byfiling with the public officer and with the board a notice of appeal whichshall specify the grounds upon which the appeal is based. Upon the filing ofany notice of appeal, the public officer shall forthwith transmit to the boardall the papers constituting the record upon which the decision appealed from wasmade. When an appeal is from a decision of the public officer refusing toallow the person aggrieved thereby to do any act, his decision shall remain inforce until modified or reversed. When any appeal is from a decision of thepublic officer requiring the person aggrieved to do any act, the appeal shallhave the effect of suspending the requirement until the hearing by the board,unless the public officer certifies to the board, after the notice of appeal isfiled with him, that because of facts stated in the certificate (a copy ofwhich shall be furnished the appellant), a suspension of his requirement wouldcause imminent peril to life or property. In that case the requirement shallnot be suspended except by a restraining order, which may be granted for duecause shown upon not less than one day's written notice to the public officer,by the board, or by a court of record upon petition made pursuant to subsection(f) of this section.
(d) The appeals board shall fix a reasonable time for hearingappeals, shall give due notice to the parties, and shall render its decisionwithin a reasonable time. Any party may appear in person or by agent orattorney. The board may reverse or affirm, wholly or partly, or may modify thedecision or order appealed from, and may make any decision and order that inits opinion ought to be made in the matter, and to that end it shall have allthe powers of the public officer, but the concurring vote of four members ofthe board shall be necessary to reverse or modify any decision or order of thepublic officer. The board shall have power also in passing upon appeals, whenpractical difficulties or unnecessary hardships would result from carrying outthe strict letter of the ordinance, to adapt the application of the ordinance tothe necessities of the case to the end that the spirit of the ordinance shallbe observed, public safety and welfare secured, and substantial justice done.
(e) Every decision of the board shall be subject to review byproceedings in the nature of certiorari instituted within 15 days of thedecision of the board, but not otherwise.
(f) Any person aggrieved by an order issued by the publicofficer or a decision rendered by the board may petition the superior court foran injunction restraining the public officer from carrying out the order ordecision and the court may, upon such petition, issue a temporary injunctionrestraining the public officer pending a final disposition of the cause. Thepetition shall be filed within 30 days after issuance of the order or renderingof the decision. Hearings shall be had by the court on a petition within 20days, 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 finalorder or decree as law and justice may require. It shall not be necessary tofile bond in any amount before obtaining a temporary injunction under thissubsection.
(g) If any dwelling is erected, constructed, altered, repaired,converted, maintained, or used in violation of this Part or of any ordinance orcode adopted under authority of this Part or any valid order or decision of thepublic officer or board made pursuant to any ordinance or code adopted underauthority of this Part, the public officer or board may institute anyappropriate action or proceedings to prevent the unlawful erection,construction, reconstruction, alteration or use, to restrain, correct or abatethe violation, to prevent the occupancy of the dwelling, or to prevent anyillegal act, conduct or use in or about the premises of the dwelling. (1939, c. 287, s. 6; c. 386; 1969, c. 868, s. 5; 1971,c. 698, s. 1.)
