property in that precinct. If one or more of those three persons is unable to serve, any one or more of the remaining members of the board may be designated by the chairperson as replacement(s) so as to provide three persons to hear and decide each case. A majority of the full board of 15 members shall select a chairperson. Decisions of the board on any appeal or variance shall be made by a majority vote of the three person panel. Failure to obtain a majority vote to reverse or modify a decision or order appealed from shall constitute affirmance of that order. Similarly, failure to obtain a majority vote to grant a variance shall constitute denial of the variance.
[A] 108.2 Burden of Proof. The person who files an appeal or a request for a variance shall have the burden of proving by a preponderance of the evidence that his appeal or variance should be granted. The board shall have subpoena power to compel attendance of witnesses.
[A] 109.1 Unlawful acts.
A. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
B. Specific unlawful acts under this code shall include but are not limited to the following:
1. Transfer of legal or equitable ownership of premises without having obtained a pre-sale inspection to the extent required under this code, or without furnishing the proposed new owner a true copy of any conditional certificate of occupancy or other notice of violation and obtaining a signed receipt for it, as required by this code;
2. With respect to rented premises, change of tenant without having obtained a rental inspection to the extent required under this code;
3. Occupancy or use of any premises by a new owner or tenant without that owner or tenant having obtained from the code official (or from the previous owner) a valid certificate of occupancy for the premises, as required by this code.
4. Failure to timely submit the information required by Section 800.3.
5. Operating, letting, listing, advertising, or otherwise making available, any residential property in the city of Oakwood for transient rental purposes, as prohibited by this code.
C. It shall be a separate unlawful act for any person, firm or corporation (who previously committed an unlawful act as described in paragraph A or B above, the contents of which are incorporated herein by reference) to commit a second such act, whether contrary to or in violation of exactly the same or some other requirement of this code, within 5 years after conviction of the previous unlawful act under paragraph A or B.
D. It shall be a separate unlawful act for any person, firm or corporation (who previously committed an unlawful act as described in paragraph A or B above, the contents of which are incorporated herein by reference) to commit a third or subsequent act, whether contrary to or in violation of the same of some other requirement of this code, within 10 years after conviction of the previous unlawful act under paragraph A or B.
[A] 109.2 Notice of violation.
The code official shall serve a notice of violation or order in accordance with Section 111.4.
[A] 109.3 Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with Section 111.4