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Building Code Board of Appeals vacates appeal, sustains violation at 65 North Oak Street
Summary
The Gardner City Building Code Board of Appeals vacated an appellant’s hearing and upheld a notice of violation for 65 North Oak Street after the appellant failed to appear at a Feb. 2 hearing; staff had cited vegetation, health issues and accumulation of refuse under GMC section 8.8.
The Gardner City Building Code Board of Appeals voted at a Feb. 2 hearing to vacate an appeal and sustain a notice of violation for the property at 65 North Oak Street after the appellant failed to appear.
A staff member opened the hearing and said, “The appellant has not appeared,” and reminded the board it was convened as the Building Code Board of Appeals rather than in its capacity as the city council. The notice of violation cited “GMC section 8.8” and a second citation read in the record as “8.8 0.404” for vegetation and health issues and for accumulation of refuse at the address.
The chair of the board moved to vacate the appeal, saying, “I move to vacate the appeal.” The motion was seconded by a board member. The board voted by voice; the chair declared the motion carried and stated, “The appeal is vacated.”
No member of the public or the appellant appeared during the recorded segments. With the action concluded, the chair called for a motion to adjourn; that motion was seconded and approved by voice vote.
The board’s action sustains the underlying notice of violation for 65 North Oak Street. The transcript does not record a roll-call tally or names attached to individual votes, and it does not record any conditions or deadlines attached to the sustained notice.
