BUILDING MAINTENANCE APPEAL BOARD

Grand Rapids City Code tit. VIII, ch. 135, art. 5

in effect

Grand Rapids City Code § 8.265 Creation and Purpose.

Sec. 8.265. - Creation and Purpose. A Building Maintenance Appeal Board is created for the purpose of hearing and deciding appeals concerning the application or interpretation of the provisions of the Standards of this Chapter as provided herein. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 32A, 9-24-02)

Grand Rapids City Code § 8.266 Appeal Authorized.

Sec. 8.266. - Appeal Authorized. Except as otherwise provided in this Chapter, any person issued a notice by the City in the course of enforcement of the provisions of this Chapter may appeal the decision or interpretation made by the City. All appeals shall be filed, heard and decided in accordance with the provisions of this Article. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 33, 9-24-02)

Grand Rapids City Code § 8.267 Time Period for Filing an Appeal.

Sec. 8.267. - Time Period for Filing an Appeal. An appeal must be filed within twenty (20) days of the date of any order or notice being appealed. However, if an order requires the correction of a cited violation within a shorter period of time, the appeal must be made within such shorter period. The Appeal Board shall not have the power to extend the time limits provided for in this Section. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 34, 9-24-02)

Grand Rapids City Code § 8.268 Effect of Appeal on Correction Time Limits.

Sec. 8.268. - Effect of Appeal on Correction Time Limits. A responsible person who has been ordered to correct a violation within a specified period of time shall not be held accountable for any time which elapses between the time of filing an appeal and the time a decision is made by the Appeal Board. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 35, 9-24-02)

Grand Rapids City Code § 8.269 Procedure for Filing an Appeal.

Sec. 8.269. - Procedure for Filing an Appeal. Any person wishing to make an appeal must fill out a Claim of Appeal form setting forth the order or ruling being appealed. The appellant must file the form with the City at a place to be designated by the Board and which shall be noted on the Claim of Appeal form. The City will send a notice to the appellant regarding the date the appeal will be heard by the Appeal Board. Notice of the hearing date will be by regular mail sent to the address stated on the Claim of Appeal. Any person requesting a Claim of Appeal form shall be notified of the Standards for Appeal Board Decisions. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 36, 9-24-02)

Grand Rapids City Code § 8.270 Appeal Fee.

Sec. 8.270. - Appeal Fee. An appeal fee established by resolution of the City Commission shall be submitted with any Claim of Appeal. The Appeal Board may also authorize the return of a fee to an appellant if the Board determines that an error by the City caused an unnecessary appeal to be submitted. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 37, 9-24-02)

Grand Rapids City Code § 8.271 Procedures Prior to Hearing.

Sec. 8.271. - Procedures Prior to Hearing. Prior to an appeal hearing, the following procedures shall take place: (1) The City shall forward copies of the Claim of Appeal and a copy of the notice or order being appealed to members of the Housing Appeal Board. (2) The Housing Appeal Board may arrange for a Committee composed of a member or members of the Housing Appeal Board to make an investigation of the premises which are the subject of the appeal in those cases where an on-site viewing of the premises would aid the Board in making its decision. (3) or, (4) The Housing Board of Appeals may arrange for staff or others to prepare a video tape or photographic presentation of the property subject to appeal. This presentation shall include, as elements, the exterior view of the dwelling, from all sides, the exterior view of adjoining properties, specific illustration of the issue(s) of the appeal, and interior illustration as needed to make a determination. (5) The City shall notify the owner and all occupants of the premises that is the subject of the appeal. The City shall also notify, to the extent possible, all taxpayers of record of properties which are within two hundred (200) feet of the premises being appealed and either face on the same street as the premises or are located in the same block behind the premises. (6) Failure of the owner or other responsible person to arrange access to any portion of the property where a cited violation is located and which is not clearly visible from a public street or alley shall constitute grounds for denial of an appeal. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 38, 9-24-02)

Grand Rapids City Code § 8.272 Hearings on Appeals.

Sec. 8.272. - Hearings on Appeals. All hearings on appeals shall take place at a regular or special meeting of the Appeal Board. The City shall have a minimum of fifteen (15) days after a Claim of Appeal is filed to issue the required notices. The appeal shall be heard at the first regularly scheduled meeting of the Board following the fifteen-day period for which the hearing is scheduled, provided that a quorum is present. When a quorum is not present, the President or other presiding member of the Board shall reschedule the meeting, and the appeal shall be heard at the rescheduled meeting. A hearing may be held at a special meeting by a majority vote of the Board. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 39, 9-24-02)

Grand Rapids City Code § 8.273 Hearing Procedures.

Sec. 8.273. - Hearing Procedures. At any hearing of the Appeal Board, the following procedures shall be followed: (1) Testimony of the appellant, the City and any witnesses shall be heard. A summary or minutes shall be recorded in a manner determined by the City. (2) The appellant, or authorized agent of the appellant, and the City inspector or a Supervisor of the inspector who issued the Notice shall be present. (3) At least five (5) members of the Appeal Board shall be present at a hearing and shall constitute a quorum. (4) Summary minutes shall be prepared to show all motions and actions of the Board. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 40, 9-24-02)

Grand Rapids City Code § 8.274 Decision by the Appeal Board.

Sec. 8.274. - Decision by the Appeal Board. After all evidence and testimony has been presented, the Appeal Board shall affirm, modify or reverse the notice being appealed. Any decision of the Appeal Board modifying or reversing a notice by the City shall require the concurring vote of five (5) members. If any appeal is adjourned more than one (1) time, it shall be deemed to be an affirmance of the ruling or order issued. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 41, 9-24-02)

Grand Rapids City Code § 8.275 Standards for Appeal Board Decisions.

Sec. 8.275. - Standards for Appeal Board Decisions. A decision by the Appeal Board shall include the reasons for the decision in the language of the decision. Any decision of the Board not complying with this Section shall be void. Any decision to reverse or modify any order or ruling of the City shall: (1) Include any necessary special conditions to carry out the intent of the provisions being appealed, and (2) Determine that the decision is necessary to avoid causing undue hardship to the appellant which is not caused to others to whom the same provision is applied, or (3) Determine that the order or ruling was an incorrect interpretation of a Standard of this Chapter, or (4) Determine that an alternative proposed by an appellant meets the minimum standards for building maintenance as expressed in this Chapter. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 42, 9-24-02)

Grand Rapids City Code § 8.276 Appeals Prohibited.

Sec. 8.276. - Appeals Prohibited. An emergency order shall not be appealed because, of imminent danger calling for immediate action. A ruling, decision, opinion or action of the City Attorney cannot be appealed to the Appeal Board. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 43, 9-24-02)

Grand Rapids City Code § 8.277 Interests Conflicts.

Sec. 8.277. - Interests Conflicts. No member of the Appeal Board shall speak or vote on any appeal in which the member has any direct personal or financial interest nor shall any member participate in any matter where participation is prohibited by the City Charter or State Law. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 44, 9-24-02)

Grand Rapids City Code § 8.278 Summary of Rulings.

Sec. 8.278. - Summary of Rulings. The Appeal Board shall report a summary of its findings and rulings to the City Commission annually. The report shall include a summary of recurrent appeals or recurrent problems, along with resultant recommendations for modifications to this Chapter. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 45, 9-24-02)

Grand Rapids City Code § 8.279 Appeal Board Designated.

Sec. 8.279. - Appeal Board Designated. The Housing Appeal Board of the City of Grand Rapids, as constituted by Chapter 140 of the City Code, shall serve as the Building Maintenance Appeal Board. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 46, 9-24-02)

Grand Rapids City Code § 8.280 Compliance with Appeal Board Decisions.

Sec. 8.280. - Compliance with Appeal Board Decisions. It shall be a violation of this Code for a responsible person to fail to comply with special conditions which are a part of an Appeal Board decision modifying or reversing an order or ruling of the City. (Ord. No. 92-69, § 1, 10-20-92; Ord. No. 2002-56, § 47, 9-24-02)

Source: City of Grand Rapids, Michigan, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/mi/grand_rapids/codes/code_of_ordinances?nodeId=TIVIEIIM_CH135BUMACO_ART5BUMAAPBOFetched: 11/7/2026