§ 20.04.160. Board of code standards and appeals.

The board of code standards and appeals, in Section 18.04.015 of this Code, is designated as the successor of all powers and duties previously vested in the board of housing standards and appeals and all reference to such board in this Code is deemed to be reference to the board of code standards and appeals. The board is constituted to act in an advisory capacity to the commission in the amending and revision of Chapter 20.04 of this Code, to act as a board of appeals from the hearings conducted by the superintendent of central inspection in hearings as provided in Section 20.04.180 of this Code.

The board shall consist of five members, who shall be appointed by the mayor with the approval of the city council. The terms of office shall be as set forth in Section 2.12.020(1). The appointments to this board shall reflect the following membership: a housewife, a citizen at large, a realtor, an insurance broker and a member of the Wichita association of home builders.

The board shall adopt reasonable procedures for conducting its meetings and investigations and shall render all decisions and findings in writing to the superintendent of central inspection with a duplicate copy to the appellant and as otherwise provided in Section 20.04.180 of this Code. The board of code standards and appeals, conducting hearings as provided in this chapter:

(a)

Shall have the authority to administer oaths, affirmations, examine witnesses and receive evidence;

(b)

Shall, in addition to receiving evidence from the superintendent of central inspection or his authorized representative, receive evidence from the health officer as to the health-related violations and the fire inspector as to fire safety-related violations,

(c)

Shall consider the findings of the superintendent of central inspection, health officer and fire inspector as to facts, if supported by evidence, conclusive.

The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board.

In a hearing on an appeal from the superintendent of central inspection's hearings, the board may sustain, modify or withdraw the superintendent of central inspection's order, depending upon its finding as to whether the standards of this chapter have been complied with.

A variance to the standards of this chapter shall not be made by the board, except for a variance of the literal interpretation of a standard; provided, that such variance would result in compliance with the intent of the standard.

Provided further, that the board may make a variance to the standards of this chapter, based on a request and recommendation by the staff advisors from the divisions of central inspection, the county department of community health and the fire department for a specific situation and for a specified time, which may be extended.

The superintendent of central inspection, the health officer, the fire chief, local housing coordinator, director of planning, human resources development coordinator and the city attorney, or their designated representatives, may attend all board meetings and advise and consult with the board in matters pertaining to the enforcement of the housing code.

(Ord. No. 40-736 § 3)