The Council is the Board of appeals. Appeals under this Section shall be heard by
the Board. The Manager, the building official, the Director of Public Safety and the
Fire Chief shall serve in an advisory capacity as ex-officio members of the Board.
At a hearing conducted pursuant to this Section, the enforcing officer shall present
the evidence with respect to the existence of a violation, and the appellant and his
attorney may call and cross-examine witnesses and make such argument with respect
to the facts and law as may be relevant to the alleged violation. The Board may obtain
the advice of the attorney or his designate in connection with the conduct of the
hearing or the action to be taken. The Board may act in the absence of any one (1)
of its members if such member is not reasonably available, but in no case shall it
act without the affirmative vote of any two (2) members. The Board may, upon the hearing,
affirm in whole or in part or deny the existence of a violation of this part, and,
if a violation is found to exist, confirm or modify the corrective action to be taken
or the other requiring vacation of the premises and the time allowed therefor. (Amended,
Bill No. 2003-18)
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