Sec. 39-34. Powers, duties and responsibilities of the Board.
A. Appeals. The Board shall hear appeals involving a notice of violation issued pursuant to this chapter.
1. On an appeal, the Board may affirm, reverse, or modify the notice of violation. In the event that the Board modifies the notice of violation, the following limitations and procedures shall apply:
a. If the appeal is taken on the grounds that the amount of time for correction of the violation given in the notice of violation is unreasonable, upon a showing by the appellant that the time is unreasonable, and upon a satisfactory showing by the appellant that there is a reasonable probability that the appellant will be able to correct the violation by the granting of additional time, the Board may grant up to an additional ninety days to correct the violation. The Board may permit City staff to grant additional time of up to ninety days if during the initial time extension the appellant has substantially complied with any plan or timetable approved by the Board.
b. If the appeal is taken on the grounds that the method to correct the violation as specified in the notice of violation is unreasonable, the Board may approve an alternate method of correction as long as the purposes of this ordinance are fulfilled.
c. In the event that the appeal is taken on the grounds that the cost of the abatement is unreasonable, the Board may affirm, modify or reverse the lien amounts resulting form [from] the abatement for good cause shown.
2. In order to assist it in making the determinations set forth above, the Board may take evidence from the appellant, City staff, and any other person.
3. At the appeal hearing, the Board shall make its decision.
4. The appellant shall be deemed to have received notice of the decision of the Board if the appellant made an appearance at the hearing. In the event of the non-appearance of the appellant at the hearing, written notice of the decision shall be mailed to the appellant via ordinary United States mail to the address provided on the written appeal application. The notice shall be deemed to have been served on the date of deposit in the U.S. mail.
B. The Director or designee may request the advice and consent of the Board on any issue. The Director or designee may request the consent of the Board when pursuing abatement through demolition except when proceeding pursuant to a court order. If the Director seeks the consent of the Board as provided in this subsection, notice shall be served on the subject property’s owner or responsible party in the same manner as notice of an appeal hearing is given pursuant to section 39-37.H.
C. The Board shall periodically meet for the purpose of planning and advising the City Council on matters concerning substandard or hazardous structures and enforcement or revision of applicable sections of chapter 39 of the City Code and other relevant matters.
D. The Board may adopt rules necessary to carry out the duties and responsibilities imposed upon it by this section. Such rules shall not be inconsistent with the provisions of this ordinance, or the Charter of the City of Phoenix. (Ord. No. G-3859, § 3; Ord. No. G-4446, § 7, 2002)