A.
Terms; vacancies in membership. A Board of Appeals
is hereby established in accordance with the provisions of Article
3 of the General City Law, to consist of the same personnel as appointed
to the Zoning Board of Appeals.[1] The Board of Appeals shall consist of seven members, each
to serve for a term of three years. The terms of office of the members
of the Board of Appeals and the manner of their appointment shall
be in accordance with the provisions of the General City Law applicable
thereto. Vacancies for the unexpired term shall be filled for such
unexpired period only.
B.
Adoption of rules. Rules of procedure may be adopted
by the Board for the conduct of its business, provided such rules
and any amendments and additions thereto be a part of its written
record and that they be in conformity with law and the provisions
of this chapter.
An appeal from a determination of the enforcement
officer may be taken by any aggrieved person or by an officer, department
or board of the City. Such an appeal may be taken within such time
as the Board shall specify in its rules of procedure. All appeals
shall be made in writing on forms provided by the Board. Appeals shall
be submitted to the enforcement officer, who shall then transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
The Board of Appeals shall have the powers and
duties prescribed by statute and by this chapter, which powers and
duties are hereby summarized and more particularly specified:
A.
Interpretation. On appeal from a determination of
the enforcement officer or on request by any official, department
or board of the City, the Board of Appeals shall decide any questions
involving the interpretation of any provision of this chapter.
B.
Variances. On appeal from a determination of the enforcement
officer, the Board of Appeals may grant a variance where the strict
application of this chapter would result in practical difficulty or
unnecessary hardship.
All decisions of the Board shall be in writing,
and a copy of each decision shall be sent to the applicant and to
the enforcement officer. The Board shall also retain in its files
a copy of each decision, which files shall be available for inspection
by the public. Each decision shall set forth fully the reasons for
the decision of the Board and the findings of fact on which the decision
was based.
The Board of Appeals shall report to the Mayor
periodically, at intervals of not greater than six months. The report
shall summarize all applications and appeals made to it since the
last report and shall contain a summary of the Board's decisions on
each case. A copy of the report shall be filed with the enforcement
officer, the Planning Commission and the Common Council. The Board
of Appeals may also submit to the Common Council or Planning Commission
advisory reports recommending changes or modifications in the housing
standards.
Any person or persons jointly or severally aggrieved
by any final order of the Board of Appeals may seek to have such order
reviewed by the Supreme Court in the manner prescribed by Article
78 of the New York State Civil Practice Law and Rules.
