The Zoning Board of Review of the Town is hereby
designated as the Housing Board of Review to hear any appeals from
decisions of the Minimum Housing Inspector.
The Housing Board of Review shall keep minutes
of its proceedings, showing the vote upon each question, and shall
keep records of its decisions and findings and the reasons therefor,
and of its examinations and other official actions, all of which shall
be filed immediately in the office of the Board and shall be a public
record.
The Housing Board of Review shall have the power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an enforcing officer in the enforcement of Chapter
147, Housing, Article
I, Transfer of Unfit Dwellings, of the Code of the Town of Lincoln, or any ordinance, rule or regulation adopted pursuant to the authority hereof.
In order to hear an appeal, a quorum of three
members of the Housing Board of Review must be present. A concurring
vote of a majority of the members of the Board at the hearing shall
be necessary to reverse or modify any order or decision of the enforcing
officer and to authorize a variance or modification in the application
of any provisions of any ordinance, rule or regulation adopted pursuant
to the authority hereof. In the event of a tie vote the order of the
enforcing officer shall be deemed to be sustained. Except as provided
in R.I.G.L. § 45-24.2-6, as amended, the findings of the
Board shall be conclusive with respect to questions of fact and may
be reviewed only as to questions of law.
Where, by reason of an extraordinary and exceptional
condition or situation unique to the property involved, the strict
application of any ordinance, rule or regulation adopted pursuant
to the authority hereof would result in peculiar and exceptional difficulties
to, or exceptional and undue hardship upon, the person upon whom a
compliance order has been issued, the Housing Board of Review shall
have the power to vary from such strict application to the least extent
necessary to relieve such difficulties or hardship, provided such
relief may be granted without substantial detriment to public health,
safety, morals and general welfare and without substantial impairment
of the intent and purpose of the ordinance, rule or regulation.
In exercising the powers granted under this
article, the Housing Board of Review may, in conformity with the provisions
of this article, reverse or affirm wholly or partly, or may modify
any order, requirement, decision or determination of the enforcing
officer and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the enforcing officer from whom the appeal was taken.
All hearings of the Board of Review shall be
open to the public.