A board of building and housing appeals shall be created for the city as follows:

A. General.

1. There is created a board of building and housing appeals consisting of seven members appointed by the governing body of the city. To the extent practicable, it shall be composed of one realtor or representative of a mortgage lending institution; one physician or public health nurse; two of any of the following: architect, engineer, contractor or building materials dealer, and three members from the community at large consisting of one landlord, one tenant and one homeowner.

2. Of the members first appointed, three shall be appointed for a term of one year, three for a term of two years, one for a term of three years and thereafter they shall be appointed for terms of three years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the governing body, render any such member liable to immediate removal from office. No member shall serve more than two consecutive terms.

3. Five members of the board shall constitute a quorum. All matters heard before the appeal board shall be in the form of a new hearing. No board member shall act in any case in which he has a personal interest.

4. The board shall establish rules and regulations for its own procedure consistent with the provisions of this chapter. The board shall meet at the call of the chairman, or in any event within ten days after notice of appeal has been received.

5. The board shall have the power to administer oaths, affirmations, examine witnesses and receive evidence.

B. Variances from Requirements of this Code. Where, because of conditions peculiar to a particular building and/or situation, it would be unreasonably difficult to meet the literal requirements of this chapter, a variance may be granted by the board upon written application therefor. Such application shall state in writing the reasons why the variance should be made. A variance may be granted only where it is evident that reasonable safety and sanitation is assured and may include conditions not generally specified by this chapter, in order to achieve that end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the building official and a copy shall be given to the applicant.

C. Appeals Procedure.

1. Any owner, his agent or occupant as the case may be claiming that the true intent and meaning of this chapter has been wrongly interpreted by the building official or that the time allowed for compliance is unreasonable or any person affected by any notice or order of the public official relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation, may file a notice of appeal from a decision or order of the building official. Such notice shall be in writing, shall contain the reason for the appeal in detail and the order or notice or parts thereof appealed from, and shall be filed with the building official within ten days after the decision or order or notice, appealed from, has been made. The board of appeals shall thereupon set a date and place for hearing of said appeal and the building official, at least ten days prior to such hearing, shall notify by a registered or certified mail, return receipt requested, delivery to addressee only, any owner, his agent, mortgage, lienholder, or occupants, of the time and place of said hearing and the nature of the appeal.

2. Upon such notice and hearing as above provided, the board's decision shall be reduced to writing and shall be filed in the office of the building official and a certified copy shall be given to the appellant. Its decision shall be final, subject, however, to such remedy as any aggrieved person may have at law or in equity. (Prior code § 5-1222)