DIVISION 3. - MINIMUM HOUSING BOARD OF REVIEW
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (3) --- Cross reference— Boards, commissions and committees, § 2-71 et seq.
Sec. 34-61. - Created; powers.#
There shall be a minimum housing 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 director; 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 the article will result in unnecessary hardship, and so that the spirit of the article shall be observed and substantial justice done.
(Code 1986, § 10-51)
Sec. 34-62. - Membership.#
The minimum housing board of review shall consist at all times of the same five members appointed by the town council to be members of the zoning and platting board of review.
(Code 1986, § 10-52)
Sec. 34-63. - Appeal.#
(a)
Conditions. Any person upon whom a compliance order has been served may appeal from the compliance order to the board.
(b)
Application.
(1)
Application for an appeal from a compliance order may be made whenever it is alleged that the compliance order does not conform with the true intent of this article or of the rules and regulations adopted pursuant thereto, that the compliance order is contrary to law, that the provisions of this article do not fully apply, or that in unusual conditions unnecessary hardship will result from the literal enforcement of article provisions.
(2)
Any eligible person desiring to take an appeal shall file in the office of the board, within ten days after service of the compliance order, a written appeal including a brief statement of the reasons therefor, and a detailed statement of the facts supporting the appeal. A notice of the appeal shall be forwarded immediately to the director by the secretary of the board.
(c)
Fee.
(1)
No fee shall be required whenever an appeal to the board is taken from a compliance order issued as a result of a hearing before the director.
(2)
A fee of $10.00 shall be paid upon the filing of an application for an appeal to the board taken from a compliance order issued after failure to request a hearing before the director, or after failure to appear at such hearing.
(3)
Upon receipt of an appeal fee by the board, the fee shall be paid to the town treasurer and collector of taxes.
(d)
Effect. An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken. The director may certify to the board after receipt of the notice of the appeal, as provided in subsection (b) of this section, that by reason of the facts stated in the certificate, any stay of proceedings would in his opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the chairman or the acting chairman of the board on application therefor by the appellant, upon notice to the director, and on due cause shown or by a court of competent jurisdiction. Whenever a restraining order has been issued, the appeal shall be given priority over all other matters before the board, and shall be promptly heard and decided.
(Code 1986, §§ 10-53—10-56)
Sec. 34-64. - Meetings; notice.#
(a)
The board shall meet at least once a month and at other times upon the call of the chairman, provided that such meetings may be held in conjunction with regular meetings of the board of appeals.
(b)
Notice of the meeting to hear an appeal shall be given the appellant, the director, 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 restraining order, at which time notice need not exceed 48 hours.
(c)
Upon receipt of notice of an appeal, the director shall forward immediately to the secretary of the board all pertinent records.
(Code 1986, § 10-57)
Sec. 34-65. - Quorum for hearing on appeal.#
In order for the board to hear and decide an appeal from a compliance order a quorum of three members of the board must be present and voting. When a quorum is not present, the hearing of the appeal shall be adjourned from time to time, provided that reasonable notice be given the parties in interest.
(Code 1986, § 10-58)
Sec. 34-66. - Proceedings.#
All hearings of the board shall be de novo. All hearings shall be public, and the appellant, his representative, the director and any other person whose interests 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 director. The chairman or, in his absence, the acting chairman 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 34-69.
(Code 1986, § 10-59)
Sec. 34-67. - Voting.#
(a)
A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the director, and to authorize a variance in the application of any of the provisions of this article as provided in section 34-62. If there is a tie vote of the members of the board present at the hearing, the order or decision of the director shall be deemed to have been sustained.
(b)
No member of the board shall vote on any matter in which he has a business or a personal interest.
(Code 1986, § 10-60)
Sec. 34-68. - Records.#
All decisions of the board shall be in writing. The board shall keep clear and detailed minutes of all its proceedings, including its decisions and the reasons therefor, and the vote of each member participating therein, and the absence of a member or his failure to vote. Immediately following the board's decision, such record shall be filed in the office of the board 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 to the director. The director shall take immediate action in accordance with the decision of the board.
(Code 1986, § 10-61)
Sec. 34-69. - Court review.#
(a)
Any person, including the director, aggrieved by any decision of the board may present to the supreme court a petition duly verified setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made, which shall be not less than ten days and may be extended by the court. The allowance of the writ shall not stay proceeding upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order.
(b)
The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(c)
If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(Code 1986, § 10-62)
State Law reference— Court review, G.L. 1956, § 45-24.2-6.