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r I, ADMINISTRATION i code official shall cause the structure to be demolished and 111.3 Notice of meeting.The board shall meet upon notice removed,either through an available public agency or by con- from the chairman,within 20 days of the filing of an appeal,or tract or arrangement with private persons,and the cost of such at stated periodic meetings. demolition and removal shall be charged against the real estate 111.4 Open hearing. All hearings before the board shall be upon which the structure is located and shall be a lien upon such open to the public.The appellant, the appellant's representa- real estate• tive, the code official and any person whose interests are 110.4 Salvage materials. When any structure has been affected shall be given an opportunity to be heard.A quorum ordered demolished and removed,the governing body or other shall consist of not less than two-thirds of the board member- designated officer under said contract or arrangement aforesaid ship shall have the right to sell the salvage and valuable materials at 111.4.1 Procedure.The board shall adopt and make avail- the highest price obtainable. The net proceeds of such sale, able to the public through the secretary procedures under after deducting the expenses of such demolition and removal, which a hearing will be conducted.The procedures shall not shall be promptly remitted with a report of such sale or transac- require compliance with strict rules of evidence,but shall tion,including the items of expense and the amounts deducted, mandate that only relevant information be received. for the person who is entitled thereto,subject to any order of a court.If such a surplus does not remain to be turned over,the 1115 Postponed hearing.When the full board is not present report shall h state. to hear an appeal,either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. ' SECTION 111 111.6 Board decision.The board shall modify or reverse the MEANS OF APPEAL decision of the code official only by a concurring vote of a majority of the total number of appointed board members. 111.1 Application for appeal.Any person directly affected by a decision of the code official or a notice or order issued under 111.6.1 Records and copies. The decision of the board this code shall have the right to appeal to the board of appeals, shall be recorded.Copies shall be furnished to the appellant provided that a written application for appeal is filed within 20 and to the code official. days after the day the decision,notice or order was served.An 111.6.2 Administration.The code official shall take imme- application for appeal shall be based on a claim that the true diate action in accordance with the decision of the board. intent of this code or the rules legally adopted thereunder have 111.7 Court review. Any person, whether or not a previous been incorrectly interpreted,the provisions of this code do not party of the appeal,shall have the right to apply to the appropri- fully apply,or the requirements of this code are adequately sat- ate court for a writ of certiorari to correct errors of law.Appli- isfied by other means. cation for review shall be made in the manner and time required 111.2 Membership of board.The board of appeals shall con- by law following the filing of the decision in the office of the sist of a minimum of three members who are qualified by expe- chief administrative officer. rience and training to pass on matters pertaining to property 111.8 Stays of enforcement. Appeals of notice and orders maintenance and who are not employees of the jurisdiction. (other than Imminent Danger notices) shall stay the enforce- The code official shall be an ex-officio member but shall have ment of the notice and order until the appeal is heard by the no vote on any matter before the board. The board shall be appeals board. appointed by the chief appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members.The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member.Alternate members shall possess the qualifications required for board member- ship. 111.2.2 Chairman.The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member.A member shall not hear an appeal in which that member has a personal,profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board.The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5