Agenda - 06-01-2021; 8-g - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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15 (8) Additional notices to affordable housing organizations. — Whenever a determination is made pursuant to subsection (b) of this section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices.A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Public Officer, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The Public Officer or clerk shall certify the mailing of the notices,and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the Public Officer to wait 45 days before causing removal or demolition. (Ord. of 2-21-1984, art. 15, eff. 7-1-1984) Sec. 20-46. -Appeals from decisions and orders of public officer. (a) An appeal from any decision or order of the Public Officer may be taken by any person aggrieved thereby within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Public Officer and the Orange County Board of Adjustment notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Public Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made.When an appeal is from a decision of the Public Officer refusing to allow the person aggrieved thereby to do any act, the Public Officer's decision shall remain in 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 them, 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 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.