Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.210

Section 111 of the International Property Maintenance Code is amended to read as follows:

SECTION 111 -- MEANS OF APPEAL

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Housing Advisory and Appeals Board, provided that a $100.00 filing fee and a written application for appeal is filed within twenty days after the day the decision, notice or order was served or such person directly affected. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The Board shall have no authority to interpret the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

111.1.1 Effect of failure to appeal . Failure of any person to file an appeal shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.

111.1.2 Scope of hearing on appeal . Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

111.2 Membership of board . The Housing Advisory and Appeals Board shall consist of a minimum of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the City. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the Mayor. Appointments shall be for three-year staggered terms.

111.2.1 Chairman. The board shall annually select one of its members to serve as chairman.

111.2.2 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

111.2.3 Secretary . The code official shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Mayor.

111.3 Notice of meeting. The board shall meet upon notice from the chairman, within thirty days of the filing of an appeal, or at stated periodic meetings.

111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than three of the five-member board.

111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require strict compliance with rules of evidence, but shall mandate that only relevant information be received.

111.5 Postponed hearing . When a quorum of the board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

111.6 Board decision . The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.

111.6.1 Records and copies. The proceedings of the hearing and the decision of the board shall be recorded by tape recording or by other means of permanent recording determined appropriate by the board. The proceedings at the hearing shall also be reported by a stenographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. Copies of the board’s decision shall be furnished to the appellant and to the code official. The board’s decision shall be public information.

111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

111.7 Court review . Appeals of the board’s decision shall be filed in accordance with state law.

111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Housing Advisory and Appeals Board. (Ord. 19349 §21; March 1, 2009).

21.05.220 Section 112.4 Amended; Failure to Comply.

Section 112.4 of the International Property Maintenance Code is amended to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $200.00 or more than $500.00. (Ord. 19349 §22; March 1, 2009).