[Added by L.L. No. 4-1969]
There shall be a Building and Housing Code Appeals Board, which
shall consist of five members appointed by the Mayor, one member to
be appointed for five years, one for four years, one for three years,
one for two years and one to serve for one year, and thereafter each
new member to serve five years of until his successor has been appointed.
Vacancies in such Board, occurring otherwise than by expiration of
such term, shall be filled for the unexpired term. The Mayor shall
designate one of the members to serve as Chairman and one as Vice
Chairman for such term as the Mayor shall designate. Compensation
of the members of said Board shall be fixed by the Board of Estimate
and Contract. The Commissioner of Buildings shall designate a clerical
employee of the Department of Buildings to act as Executive Secretary
to the Building and Housing Code Appeals Board. The said Board shall
appoint such other subordinates as may be prescribed by the Board
of Estimate and Contract.
No fewer than three of the five members shall be licensed professional
engineers, architects or builders or superintendents of building construction,
each of at least 10 years' experience for five years of which he shall
have been in responsible charge of work; and at no time shall there
be more than two members of the Board selected from the same profession
or business, and at least one of the professional engineers shall
be a licensed structural or civil engineer with architectural engineering
experience.
[Amended by L.L. No. 1-1972]
The Building and Housing Code Appeals Board shall have the following
powers and duties, which they shall exercise and perform subject to
the provisions of law:
1.
To review, affirm, revise or modify, upon appeal by an aggrieved
owner, lessee or other person in interest, either in person or by
a duly authorized agent, an order, requirement or decision of the
Commissioner of Buildings under the Building Code or Housing Code
of the City of Mount Vernon denying or refusing to grant a modification
of the provisions and requirements of such Building or Housing Code
covering the manner of construction or materials to be used in the
erection, alteration or repair of a building or structure, where it
is claimed that: (a) the true intent of the code or the rules and
regulations legally adopted thereunder have been incorrectly interpreted;
(b) the provisions of the code do not fully apply; or (c) in a case
where strict compliance with the requirements of the code as to form
of construction would create a hardship, an equally good or better
form of construction can be used which will alleviate such hardship
in that case.
2.
The Board shall have such other powers, duties and functions and
shall exercise them in the manner as shall be established by ordinance
of the City Council of the City of Mount Vernon not inconsistent with
this article.
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In every such appeal, the Building and Housing Code Appeals
Board shall hold a public hearing upon notice, and the appellant,
or his representative, the Commissioner of Buildings and any other
person whose interests may be affected shall be given an opportunity
to be heard.
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