DIVISION 3. - PROPERTY STANDARDS BOARD OF REVIEW

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (4) --- Cross reference— Boards, committees and commissions, § 2-36 et seq.

Sec. 4-68. - Established; powers generally.#

There shall be a property standards board of review which is authorized to hear and decide appeals from compliance orders. The board shall have the power to reverse or affirm wholly or partly or to modify any order of the chief inspector and, in specific cases, to authorize such variance in the application of the terms of this article, where owing to unusual conditions a literal enforcement of the provisions of this article will result in unnecessary hardship, so that the spirit of the article shall be observed and substantial justice done.

(Rev. Ords. 1987, § 4-68)

Sec. 4-69. - Composition; appointment.#

The property standards board of review shall consist of five regular members and an alternate, all to be appointed by the mayor of the city, subject to the approval of the city council. The one alternate member to the board shall sit in the absence or recusal of any member. The building official or his designee shall be an advisory member of the board and may be called upon from time to time as the board may deem necessary. A member of the planning board shall be an advisory member of the board who may be called on from time to time as the board deems necessary.

(Rev. Ords. 1987, § 4-69)

Sec. 4-70. - Terms of members; filling vacancies.#

The members and the alternate of the property standards board of review shall be appointed to serve for five years and until his successor has been appointed and qualified. The mayor, with the approval of the council, shall appoint a member or alternate of the board to fill any unexpired term if a vacancy occurs.

(Rev. Ords. 1987, § 4-70)

Sec. 4-71. - Qualifications of members; officers.#

Each member of the property standards board of review shall be a resident and qualified elector of the city. The board shall select one of its members to serve as chair and one of its members to serve as vice-chair.

(Rev. Ords. 1987, § 4-71)

Sec. 4-72. - Conflict of interest.#

No member of the property standards board of review shall pass on any matter in which he has a business or personal interest.

(Rev. Ords. 1987, § 4-72)

Sec. 4-73. - Meetings and notice thereof.#

The property standards board of review shall meet to transact its business whenever in its judgment it shall be deemed necessary or at such other times as may be fixed by the call of the chair. Notice of the meeting to hear an appeal shall be given to the appellant, the chief inspector and the members of the board at least ten days before the holding of the meeting except for a hearing on an appeal involving a stop order at which time notice need not exceed 48 hours. Upon receipt of notice of an appeal, the chief inspector shall forward immediately to the chair of the board all pertinent records.

(Rev. Ords. 1987, § 4-73)

Sec. 4-74. - Quorum for hearing appeal.#

In order for the property standards board of review to hear an appeal, a quorum of five members of the board must be present. When a quorum is not present, the hearing of the appeal shall be postponed until such time as a quorum is present. The board shall provide for a new date for the hearing of the appeal in accordance with the provisions of section 4-73.

(Rev. Ords. 1987, § 4-74)

Sec. 4-75. - Proceedings generally.#

All hearings of the property standards board of review shall be de novo. All hearings shall be public, and the appellant, his representative, the chief inspector and any other person whose interest may be affected by the matter on appeal and who files a written entry of appearance shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the chief inspector. The chair or in his absence the acting chair may administer oaths and compel the attendance of witnesses. Proceedings of the board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction as provided in section 4-100.

(Rev. Ords. 1987, § 4-75)

Sec. 4-76. - Vote required for reversal or modification of orders.#

A concurring vote of three of the members of the property standards board of review shall be necessary to reverse or modify any order or decision of the chief inspector and to authorize a variance in the application of any of the provisions of this article as provided in section 4-68.

(Rev. Ords. 1987, § 4-76)

Sec. 4-77. - Records.#

All decisions of the property standards board of review shall be made in writing. The board shall keep clear and detailed minutes of all its proceedings including its decisions and the reasons therefor, the vote of each member participating therein and the absence of a member or his failure to vote. Such record, immediately following the board's decision, shall be filed in the office of the chief inspector and shall be a public record. Notice of the board's decision shall be promptly furnished to the appellant, his representative, any person who has filed a written entry of appearance and the chief inspector, and such inspector shall take immediate action in accordance with the decision of the board.

(Rev. Ords. 1987, § 4-77)