Kent County Housing Appeals Board
(Term 2 years - 3 members and 2 alternates)
| Charles W. Sommers 09/06/13 | Nancy Dick 9/6/14 |
| Janice Graham 9/06/14 | Vacancy (alternate) |
| Vacancy (alternate) |
192-21. Board of Housing Appeals
A. The Kent County Board of Housing Appeals, hereinafter referred to as "the Board," shall consist of three (3) members and two (2) alternates appointed by the County Commissioners of Kent County for terms of two (2) years, except that the initial members and alternates of the Board shall be appointed to the following terms: one (1) member and one (1) alternate for a term of one (1) year, one (1) member and one (1) alternate for a term of two (2) years and one (1) member for a term of three (3) years. Vacancies shall be filled by the County Commissioners for any unexpired portion of the term remaining.
B. The Board shall establish its own procedures and shall make a copy thereof available to any person filing a petition for administrative appeal. The members shall elect a Chairperson from their number; the Chairperson shall convene and run all meetings and hearings and shall schedule the alternates as necessary. A quorum of three (3) members or alternates shall be required for any decision of the Board and to conduct any administrative appeal hearing. All decisions of the Board shall be by majority vote. No member or alternate shall vote on a matter in which a conflict of interest exists.
192-22. Hearings
A. The Board shall provide timely written notice to all interested parties of record of the date and time of each hearing. The Board shall additionally cause an advance notice of the date and time of all hearings to be published in a newspaper of general circulation within the county. All hearings of the Board shall be open to the public. Petitions for administrative appeal shall be placed on a calendar for hearing at the next scheduled available hearing time established by the Board, except in the event that the Code Official certifies that an emergency circumstance exists and presents an imminent or immediate threat of danger to human life or limb or to property or the public safety. In such cases, the Board shall convene a special hearing within fifteen (15) days of the filing of the petition for administrative appeal.
B. Decisions
(1) The Board shall be empowered to render one (1) or more of the following decisions subsequent to a hearing on the merits of each petition for administrative appeal:
(a) Approval of the Code Official's notice or order.
(b) Modification or reversal of the Code Official's notice or order.
(c) Conditional approval, modification or reversal of the Code Official's notice or order.
(2) Every decision of the Board shall be final, subject, however, to such remedy as may be permitted under law to any aggrieved party. Decisions of the Board shall be in writing and shall indicate each separate reason and vote contributing to the Board's decision. Every decision shall be promptly filed and posted for two (2) weeks in the office of the Code Official and shall remain open to public inspection; a certified copy shall be promptly sent by mail or otherwise to the appellant.
(3) The Board shall in every case reach a decision without unreasonable or unnecessary delay, but in no event shall the elapsed time between the date of the hearing and the decision be more than thirty (30) days, except that the Board shall render its decisions within ten (10) days if any emergency circumstance exists and presents an imminent or immediate threat of danger to human life or limb or to property or the public safety.
(4) If a decision of the Board reverses or modifies a refusal order or disallowance of the Code Official or varies the application of any provision of this Part 1, the Code Official shall immediately take action in accordance with such decision.