§ 22-4. Board of adjustment designated as housing appeals board.
The four members and one alternate member of the board of adjustment who are appointed by the city council, are designated to serve as the housing appeals board for the building inspection jurisdiction of the city in accordance with G.S. 160 A-446.
(1)
Board established. To perform the function in this chapter assigned to it, and to be vested with all authority in this chapter given it, there is hereby established by the city council a board to be called the housing appeals board, which shall consist of five members.
Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a term of three years, and thereafter they shall be appointed for terms of three years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council render any such member liable to immediate removal from office.
Three members of the board shall constitute a quorum; no board member shall act in a case in which he has a personal interest.
The board shall perform its duties in accordance with G.S. 160A-446. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter and Code. The board shall meet at regular intervals, to be determined by the chairman, or in any event, the board shall meet as required to dispatch its business.
(2)
Minimum dwelling and building standards; powers and duties. The board, after a hearing, may vary the application of any provision of this chapter to any particular case 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 interpretation of the building inspector should be modified or reversed.
A decision of the board to vary the application of any provision of this chapter or to modify any order of the building inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
Every decision of the board shall be in writing, and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building inspector and shall be open to public inspection.
The board shall in every case reach a decision without unreasonable or unnecessary delay.
If a decision of the board reverses or modifies a refusal, order, or disallowance of the building inspector, or, varies the application of any provision of this chapter, the building inspector shall immediately take action in accordance with such decision.
(3)
Additional powers of board and building inspector. The board and building inspector are hereby further authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
a.
To investigate the housing conditions and structures in the city in order to determine which housing therein is unfit for human habitation and which structures are dangerous.
b.
To administer oaths, affirmations examine witnesses and receive evidence.
c.
To enter upon premises for the purpose of making examinations, provided, that such entries shall be made at reasonable times and in such manner as to cause the least possible inconveniences to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees as it or he deems necessary to carry out the purpose of this chapter, subject to the authority of the city council and the city manager.
e.
With respect to the building inspector, to delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
(4)
Noxious weeds and similar nuisances; powers and duties. The board, after a hearing, may vary the application of any provision of G.S. ch. 97 to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of that chapter of public interest, or when, in its opinion the interpretation of the building inspector should be modified or reversed.
A decision of the board to vary the application of any provision of G.S. ch. 97 or to modify any order of the building inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
Every decision of the board shall be in writing, and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building inspector and shall be open to public inspection.
The board shall in every case reach a decision without unreasonable or unnecessary delay.
If a decision of the board reverses or modifies a refusal, order, or disallowance of the building inspector, or, varies the application of any provision of this chapter, the building inspector shall immediately take action in accordance with such decision.
(Ord. No. 1999-30, § 31.53, 7-20-1999; Ord. No. 1999-35, § 31-53, § 31.53, 8-17-1999)
Editor's note
Ord. No. 1999-30, adopted July 20, 1999, repealed provisions formerly set out as § 22-4 of this Code, which pertained to the housing board of appeals and derived from Ord. No. 1998-44, § 152.04, adopted Nov. 17, 1998. Ord. No. 1999-30, § 31.53, added new provisions to the Code which have been included herein as § 22-4 at the editor's discretion.
Cross reference
Board of adjustment, § 2-271 et seq.; zoning board of adjustment, § 42-111 et seq.