Agenda - 05-18-2021; 5-a - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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16 force until modified or reversed. When an appeal is from a decision of the Public Officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Public Officer certifies to the Board, after the notice of appeal is filed with her or hnmthem, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of this requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by restraining order granted for due cause shown upon not less than one day's written notice, to the Public Officer, by the Board, or by a court of record. In the absence of an appeal, the order of the Public Officer is final. (b) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or in part, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Public Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer.The Board shall have power also in passing upon appeals in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance, to adapt the application of the Ordinance to the necessities of the case to the end that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. This power shall be exercised according to the procedures and standards contained in the Orange County Zea+ag—Unified Development Ordinance for the exercise of the variance powers contained in that ordinance. (c) Every decision of the Board shall be in writing and shall be promptly filed in the office of the Public Officer, and, shall be open to public inspection; a certified copy shall be sent by mail, or otherwise, to the appellant. (d) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise. (e) During the time allowed for the filing of an appeal to the Board or for the filing of a petition for writ of certiorari, but not more than 30 days after the issuance of an order by the Public Officer or the rendering of a decision by the Board, whichever is applicable and whichever is later, any person aggrieved by the order or decision may petition the Superior Court for a temporary injunction restraining the Public Officer pending final disposition of the cause as provided in subsection 20-46(a) or subsection 20- 46(d) hereof. (Ord. of 2-21-1984, art. 16, eff. 7-1-1984) Sec. 20-47. - Methods of service of complaints and orders. Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make affidavit to that effect, and the serving of such complaint or order upon such person may be made by the publishing of same at least once no later than the time at which personal service would be required under the provisions of this Ordinance in a newspaper having general circulation in the County. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. (Ord. of 2-21-1984, art. 17, eff 7-1-1984) Sec. 20-48. -Violations; remedies and penalty. (a) The owner of any dwelling or dwelling unit who fails to comply with an order issued by the Public Officer pursuant to subsection 20-45(b) of this Ordinance from which no appeal has been taken, or