Athens City Code

1. (1) The city has created and established a board of housing appeals which shall consist of the community development director and five members with two alternative members appointed by the mayor and approved by a majority vote of the city council. The members of the board of housing appeals shall also serve as the members of the board of adjustments and appeals established in ACC 12-2 and shall have the qualifications enumerated in the 2018 International Building Code, Appendix B, [A]B101.2.2.
2. (2) All appointed members shall be registered voters of the city and they shall not receive any remuneration for their services. Initially, two members shall be appointed for two-year terms, and three for three-year terms, and they may be reappointed at the expiration of their terms. All future appointments shall be for two-year terms. The appointed members shall not be candidates for public office at the time of their appointment, and if later they become such, they must retire from the board. A vacancy shall be filled by the mayor for the unexpired term of the member whose term becomes vacant. The members shall be removable for cause by the mayor upon written charges and after a public hearing.
3. (3) The board shall meet within ten days after its appointment and shall elect a chairman from among its membership. The elected member shall be chairman until the expiration of his term. A vice-chairman shall also be elected. His duties are to assume the responsibilities of the chairman in the latter's absence. The duties of the chairman are to preside over the hearings and to question petitioners. The chairman may vote on all matters. The rules of evidence prevailing in courts of law and equity shall not be controlling on hearings. The community development director shall serve as the permanent secretary of the board, but he shall not vote on any matter. The board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.
4. (4) The community development director shall call meetings and shall notify board members. In open meetings, the board shall hear appeals. The city attorney shall act as counsel for the city at the proceedings. The presence of three members shall constitute a quorum and the concurring vote of three members shall be necessary to reverse or modify any order or notice of the inspector. The proceedings at such hearings, including the findings and decisions of the board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the city.
5. (5) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the board, provided that such person shall file in the office of the city a written petition requesting such hearing and setting forth a statement of the grounds therefor within 20 days after the date the notice was served. Within ten days after receipt of the petition, the community development director shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing before the board shall be commenced not later than 30 days after the date on which the petition was filed, provided that, upon written application of the petitioner to the board, the date of the hearing may be postponed beyond the 30-day period if the petitioner shows good and sufficient reason why it should be postponed. Any notice served automatically becomes an order if a written petition for hearing is not filed in the office of the city within 20 days after the notice is served.

(Code 1972, § 4-519; Code 1995, § 12-519)

_{(NOTE: Also referred to as Board of Adjustment & Appeals.)}