8246 Est Housing Adv BoardDATLD-SALYNA
ORDINANCE NUMBER 8246
(Published i n The Salina Journal SQ1972 )
T
Any person entitled to service under Section 16-25
may appeal from any notice and order or any action of the
Building Official under this Code by filing at the office
of the Building Official within 30 days from the date of
service of such order, a written appeal containing the
following:
1. A heading in the words: 'Before the Housing
Advisory and Appeals Board of the City of
Salina, Kansas.'
2. A caption reading: 'Appeal of '
giving the names of all appellants participating
in the appeal.
3. A brief statement setting forth the legal interest
of each of the appellants in the building or the
land involved in the notice and order.
4. A brief statement in ordinary and concise language
of that specific order or action protested,
together with any material facts claimed to
support the contentions of the appellant.
5. A brief statement in ordinary and concise language
of the relief sought and the reasons why it is
claimed the protested order or action should be
j reversed, modified, or otherwise set aside.
6. The signature of all the parties named as
appellants, and their official mailing addresses.
7. The verification of the appellants as to the
truth of the matters stated in the appeal.
AN ORDINANCE ESTABLISHING A HOUSING ADVISORY AND APPEALS BOARD;
PROVIDING THE PROCEDURE FOR APPEALS; AND PROVIDING PROCEDURES FOR CONDUCT OF
HEARING APPEALS.
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 16-42 to Section 16-44 be enacted to read
as follows:
"Section 16-42. Housing Advisory and Appeals Board.
In order to provide for final interpretation of the
provisions of this Code and to hear appeals provided for
hereunder, there is hereby established a Housing Advisory
and Appeals Board, consisting of five members who are not
employees of the City. The Building Official shall be an
ex -officio member of, and shall act as Secretary to said
Board. The Board shall be appointed by the Mayor and
shall serve at his pleasure. The Board may adopt
reasonable rules and regulations for conducting its
business and shall render all decisions and findings in
writing to the appellant with a copy to the Building
Official. Appeals to the Board shall be processed in
accordance with the provisions contained in Section 16-43
et. seq. of this Code. Copies of all rules or regulations
adopted by the Board shall be delivered to the Building
Official who shall make them freely accessible to the
public.
t1Section 16-43.1. Appeal Procedure; General
(A) Form of Appeal.
Any person entitled to service under Section 16-25
may appeal from any notice and order or any action of the
Building Official under this Code by filing at the office
of the Building Official within 30 days from the date of
service of such order, a written appeal containing the
following:
1. A heading in the words: 'Before the Housing
Advisory and Appeals Board of the City of
Salina, Kansas.'
2. A caption reading: 'Appeal of '
giving the names of all appellants participating
in the appeal.
3. A brief statement setting forth the legal interest
of each of the appellants in the building or the
land involved in the notice and order.
4. A brief statement in ordinary and concise language
of that specific order or action protested,
together with any material facts claimed to
support the contentions of the appellant.
5. A brief statement in ordinary and concise language
of the relief sought and the reasons why it is
claimed the protested order or action should be
j reversed, modified, or otherwise set aside.
6. The signature of all the parties named as
appellants, and their official mailing addresses.
7. The verification of the appellants as to the
truth of the matters stated in the appeal.
ATED-SALINA
(B) Processing of Appeal.
Upon receipt of any appeal filed pursuant to this
Section, the Building Official shall present it at the
next regular or special meeting of the Housing Advisory
and Appeals Board.
(C) Scheduling and Noticing Appeal for Hearing.
As soon as practical after receiving the written
appeal the Housing Advisory and Appeals Board shall fix
a date, time and place for the hearing of the appeal by
the Board. Such date shall be not less than 10 days nor
more than 60 days from the date the appeal was filed with
the Building Official. Written notice of the time and
place for hearing shall be given at least 10 days prior
to the date of the hearing to each appellant by the
Secretary of the Board, either by causing a copy of such
notice to be delivered to the appellant personally or by
mailing a copy thereof, postage prepaid, addressed to the
appellant at his address shown on the appeal.
"Section 16-43.2. Same: Effect of Failure to Appeal.
Failure of any person to file an appeal in accordance
with the provisions of this Code shall constitute a waiver
of his right to an administrative hearing and adjudication
of the notice and order or any portion thereof.
"Section 16-43.3. Same; Scope of Hearing on Appeal.
Only those matters or issues specifically raised by
the appellant shall be considered in the hearing of the
appeal.
"Section 16-43.4. Same; Staying of Order under Appeal.
Except for vacation orders made pursuant to Section
16-24, enforcement of any notice and order of the Building
Official issued under this Code shall be stayed during the
pendency of an appeal therefrom which is properly and timely
filed.
"Section 16-44.1. Procedures for Conduct of Hearing Appeals;
General.
(A) Record.
A record of the entire proceedings shall be made by
tape recording or by any other means of permanent recording
determined to be appropriate by the Board.
(B) Reporting.
The proceedings at the hearing shall be reported by a
stenographic reporter if requested by any party thereto.
A transcript shall be made available to all parties upon
request and upon payment of a fee equal to the cost involved
in making said transcript.
(C) Continuances.
The Board may grant continuances for good cause shown.
D ACED-SALINA
(D) Oaths, Certification.
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In any proceedings under this Code, the Board has
the power to administer oaths and affirmations and to
certify to official acts.
(E) Reasonable Dispatch.
The Board shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown
for the convenience and necessity of any parties or their
representatives.
"Section 16-44.2. Same; Form of Notice of Hearing.
The notice to appellant shall be substantially in
the following form, but may include other information:
'You are hereby notified that a hearing will be
held before the Housing Advisory and Appeals Board
at the City Commission Room, City -County Building,
300 West Ash Street, Salina, Kansas, on the
day of , 19 , at o'clock
. M., upon the notice and order served upon you.
You may be present at the hearing. You may be, but
need not be, represented by counsel. You may
present any relevant evidence and will be given full
opportunity to cross-examine all witnesses testifying
against you. You may request the issuance of subpoenas
to compel the attendance of witnesses and the production
of books, documents, or other things by filing an
affidavit therefor with the Board.'
"Section 16-44.3. Same; Subpoenas.
(A) Filing of Affidavit.
The Board may obtain issuance and service of a subpoena
for the attendance of witnesses or the production of other
evidence at a hearing upon the request of a member of the
Board or upon written demand of any party. The issuance and
service of such subpoena shall be obtained upon the filing
of an affidavit therefor which states the names and addresses
of the proposed witness; specifies the exact things sought to
be produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things in
his possession or under his control. A subpoena need not be
issued when the affidavit is defective in any particular.
(B) Penalties.
Any person who refuses, without lawful excuse, to
attend any hearing, or to produce material evidence in his
possession or under his control as required by any subpoena
served upon such person as provided for herein, shall be
guilty of a misdemeanor.
"Section 16-44.4. Same; Conduct of Hearing.
(A) Rules.
Hearings need not be conducted according to the
technical rules relating to evidence and witnesses.
(B) Oral Evidence.
Oral evidence shall be taken only on oath or affirmation.
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(C) Hearing Evidence.
Hearsay evidence may be used only if it would be
admissible over objection in civil actions in courts
of competent jurisdiction in this State.
(D) Admissibility of Evidence.
Any relevant evidence shall be admitted if it is
the type of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs,
regardless of the existence of any statutory rule or
common law which might make improper the admission of
such evidence over objection in civil actions in courts
of competent jurisdiction in this State.
(E) Exclusion of Evidence.
Irrelevant and unduly repetitious evidence shall
be excluded.
(F) Rights of Parties.
Each party shall have these rights, among others:
1. To call and examine witnesses on any
matter relevant to the issues of the
hearing;
2. To introduce documentary and physical
evidence;
3. To cross-examine opposing witnesses on
any matter relevant to the issues of
the hearing;
4. To impeach any witness regardless of
which party first called him to testify;
5. To rebut evidence against him;
6. To represent himself or to be represented
by counsel.
(G) Official Notice.
1. What May Be Noticed.
In reaching a decision, official notice
may be taken, either before or after
submission of the case for decision of
any fact which may be judicially noticed
by the courts of this State or of official
records of the Board or Departments and
ordinances of the City or rules and
regulations of the Board.
2. Parties To Be Notified.
Parties present at the hearing shall be
informed of the matters noticed, and these
matters shall be noted in the record
referred to therein, or appended thereto.
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3. Opportunity to Refute.
Parties present at the hearing shall be
given a reasonable opportunity, on request,
to refute the officially noticed matters by
evidence or by written or oral presentation
of authority, the manner of refutation to be
determined by the Board.
4. Inspection of Premises.
The Board may inspect any building or
premises involved in the appeal during the
course of the hearing, provided that
(a) notice of such inspection shall be given
to the parties before the inspection is made,
(b) the parties are given an opportunity to
be present during the inspection; and
(c) the Board shall state for the record
upon completion of the inspection the material
facts observed and the conclusion drawn
therefrom. Each party then shall have a
right to rebut or explain the matters so
stated by the Board, the manner of rebuttal
or explanation to be determined by the Board.
"Section 16-44.5. Same; Method and Form of Decision.
(A) Hearing Before Board.
No member of the Board who did not hear the evidence or
has not read the entire record of the proceedings shall note
or take part in the decision upon a contested case heard by
the Board.
(B) Form of Decision
The decision of the Board shall be in writing and shall
contain findings of facts, a determination of the issues
presented, and the requirements to be complied with by the
parties. A copy of the decision shall be delivered to the
appellant personally, or sent to him by certified mail,
postage prepaid, return receipt requested.
(C) Effective Date of Decision.
The effective date of the decision shall be the date
stated therein."
Section 2. This ordinance shall be in full force and effect after
its adoption and publication once in the official city newspaper.
Introduced: August 28,
Passed: September 1,
Jack Weisgerber�
(Sea I )
ATTEST:
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�Uo"��
D. L. Harrison, City Clerk
1972
1972
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