Property Maintenance Board of Appeals

The Property Maintenance Board of Appeals presides over hearings to decide appeals of orders, decisions, and determinations made by the property maintenance official relative to the applications of and interpretations to the International Property Maintenance Code and City Ordinance; determines the suitability of alternate materials or methods of construction; and reviews modifications or changes to the respective codes and submits recommendations to the City Council. The board shall have no authority relative to the administrative provisions nor shall the board be empowered to waive requirements of the property maintenance code.

Number of Members

5

Residency/Registered Voter Requirement

Must be a resident and registered voter of Sioux Falls.

Summary of Duties

Presides over hearings to decide appeals of orders, decisions, and determinations made by the property maintenance official relative to the applications of and interpretations to the International Property Maintenance Code and City Ordinance; determines the suitability of alternate materials or methods of construction; and reviews modifications or changes to the respective codes and submits recommendations to the City Council.

Liaison

Liaison: 
Kevin Smith
Assistant Director 
Planning and Development Services 
City Center, 231 N Dakota Ave
Sioux Falls, SD 57104-7402 
605-367-8177
kevin.smith@siouxfalls.gov

Membership

Property Maintenance Board of Appeals Members

  • Darrel Bartell - Term Expires - March 2024
  • Tony Erickson - Term Expires - March 2024
  • Aaron Goldstine - Term Expires - March 2025
  • Ryan Knutson - Term Expires - March 2025
  • Brian Majerus - Term Expires - March 2025

* Second Term

 

By-laws

By-Laws of the Property Maintenance Board of Appeals

  • Rule 1. Chairperson of the Board. In the month of May of each year, or the first meeting scheduled thereafter, the Board shall select one of its members as chairperson and one as Vice Chairperson, who shall serve one (1) year or until their successors have been selected. In the absence of a Chairperson, the Vice Chairperson shall act as Chairperson of the Board.
  • Rule 2. Clerk of the Board/Records. The Building Official shall act as a Clerk of the Board. The Clerk keeps all the records of the Board as required by the statute and ordinance. The Clerk shall post the minutes to the City's webpage which will constitute record storage.  The Clerk shall enter the number of the appeal, the name of the applicant, a description of the street number or legal description of the premises, the nature of the application, and the final disposition of the case.

    The Clerk shall, under the direction of the Board and its chairperson, conduct all correspondence of the Board; send out all notices required by these rules and at the order of the Board; attend all meetings of the Board and all hearings; review all appeals and applications for variations for compliance with the Board’s rules; keep the minutes of the Board’s proceedings; shall comply with all the required records; shall maintain the necessary files and indexes and generally supervises all the clerical work of the Board; and retain in the records the original papers acted upon by the Board.

    The Clerk shall see that all maps, plans, and specifications are properly prepared, make a personal inspection of any premises involved, research code standards, seek legal or professional opinions, and be prepared to advise the Board.

    The Clerk shall obtain from the applicant such additional information and data as may be required to fully advise the Board with reference to any appeal, product, or method. Failure or refusal on the part of the applicant to furnish such additional information shall be grounds for denial by the Board.
  • Rule 3. Meetings of the Board. The regular scheduled meeting of the Board will be held on the first Wednesday of every month at 1 p.m. in the City Hall Council Room at 224 West Ninth Street pending receiving applications of cases. Three members of the Board shall constitute a quorum for the transaction of the business. Each member shall be notified of a meeting a minimum of twenty-four (24) hours in advance, unless such notice is waived by the member. All meetings will be conducted according to an informal interpretation of Robert’s Rules of Order except where preempted by City ordinance or state law.
  • Rule 4. Application to the Board. Applications to the Board shall be filed with the Clerk of the Board in accordance with the Code of Ordinances of the City of Sioux Falls or state law.
  • Rule 5. Action by Resolution. The final disposition of any appeal shall be in the form of a resolution affirming, modifying, or reversing any decision by the Building Official or the Assistant Director of Building Services.

    The final disposition of any appeal shall contain written findings of fact.
  • Rule 6. Amendments. These rules may be amended by resolution at any meeting of the Board.


Property Maintenance Board of Appeals Authority

Property Maintenance Board of Appeals

[A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Property Maintenance Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The board is additionally charged with the review of all proposed changes to the property maintenance code and to submit recommendations to the responsible official and the city council. The board shall adopt rules of procedure for conducting its business. The board shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

[A] 111.2 Membership of board. The Property Maintenance Board of Appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms.

[A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.   

[A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than three members.