[Adopted 7-18-1972 (Ch. 9, Art. III, of the 1990 Code of Ordinances)]
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.
A. 
Appeals to the Housing Board of Review may be taken by any person upon whom a compliance order has been issued by the enforcing officer. The period in which such appeal may be taken shall be prescribed by ordinance or by the rules of the Board. Such appeals shall be filed with the Board and shall specify the grounds thereof. The Board shall immediately transmit a copy of the appeal to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he shall forthwith transmit to the Board all the papers constituting the record upon which the compliance order was based.
B. 
An appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcing officer from whom the appeal is taken certifies to the Board after notice of the appeal has been transmitted to him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause a serious hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction on application therefor and upon notice of the enforcing officer from whose order the appeal is taken and on due cause shown.
C. 
The Housing Board of Review shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the party making the appeal and the enforcing officer and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
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.