- Granting the variance will not diminish or impair the standards of maintenance in this city, the value of the subject property, or property values in the surrounding area; and
- Strict enforcement of the code requirements would not further the interests of justice, and would be contrary to the spirit and purpose of this code or contrary to the public interest.
In granting a variance, the board may specify the manner and time within which the variance shall be carried out, and may require other improvements or safeguards or the performance of conditions deemed necessary to further and/or respect the intent of this code. A variance decision of the board shall be deemed to be a final administrative order, appealable to the courts. The city shall be deemed to be adversely affected by a board decision granting a variance, and the city shall have the right to appeal such a decision to the court. Any appeal shall stay the effect of the variance decision until the court case is terminated.
Fees for variances and appeals under this Property Maintenance Code shall be as set forth in the general fee schedule for this city, as adopted under Section 153 of the Oakwood Administrative Code and amended from time to time.
SECTION 108
PROPERTY MAINTENANCE BOARD
A Property Maintenance Board is hereby created. It shall consist of persons appointed by the City Council as members, three (3) residing in each of the official voting precincts of the city of Oakwood. At the time this Property Maintenance Code is enacted, there are eight (8) voting precincts, meaning the board shall consist of twenty four (24) members, three (3) from each precinct. In the event that the number of official voting precincts should increase or decrease, the total number of board members shall change accordingly, provided there shall still be three (3) members from each precinct. Also at the time this Property Maintenance Code is enacted, there is an existing Property Maintenance Board consisting of fifteen (15) members. In the interest of continuity, those members shall continue to serve on the board created hereunder, to the extent that their places of residence comport to the precinct distribution described in this paragraph, for the remainder of the term for which they were originally appointed. In the event that any existing board member cannot be retained, due to place of residence, voting precinct locations, or for other reasons, City Council may terminate that member’s existing term and appoint replacements as appropriate to effectuate this provision.
The terms of board members shall be for 5 years. Appointments shall be attempted to be made in such a manner that the term of no more than one member from any one district shall expire in any one calendar year. If any member resigns, dies or moves out of the district from which that member was appointed, a replacement member shall be appointed by the City Council for the balance of the unexpired term of office.
The board shall have the duty to hear and decide all appeals and variances filed under this code, and shall also be responsible for authorizing the issuance of a citation by the city when an owner, occupant or agent fails to take remedial action to correct code violations within a reasonable period of time as determined by the code official. The three members from each voting precinct shall constitute the Property Maintenance Board for the purpose of hearing appeals and variances and authorizing the issuance of citations regarding