Sec. 8-208a. Appeals from municipal housing code board decisions and enforcement. Cost.
Sec. 8-208a. Appeals from municipal housing code board decisions and enforcement. Cost. Any person or persons severally or jointly aggrieved by any decision
of a housing code board of appeals or any officer, department, board or bureau of any
municipality, charged with the enforcement of any order, requirement or decision of
said board, may, within fifteen days from the date of such decision, take an appeal to
the superior court of the judicial district in which such municipality is located, which
appeal shall be made returnable to said court in the same manner as that prescribed for
civil actions brought to said court. Notice of such appeal shall be given by leaving a
true and attested copy thereof with, or at the usual place of abode of, the chairman or
clerk of said board. The appeal shall state the reasons upon which it has been predicated
and shall not stay proceedings upon the decision appealed from, but the court to which
such appeal is returnable may, on application, on notice to the board and on cause shown,
grant a restraining order. The authority issuing a citation in such appeal shall take from
the appellant, unless such appellant is an official of the municipality, a bond or recognizance to said board, with surety, to prosecute such appeal to effect and comply with the
orders and decrees of the court. Said board shall be required to return either the original
papers acted upon by it and constituting the record of the case appealed from, or certified
copies thereof. The court, upon such appeal, shall review the proceedings of said board
and shall allow any party to such appeal to introduce evidence in addition to the contents
of the record of the case returned by said board if the record does not contain a complete
transcript of the entire proceedings before said board, including all evidence presented
to it, or if, upon the hearing upon such appeal, it appears to the court that additional
testimony is necessary for the equitable disposition of the appeal. The court may take
such evidence or appoint a referee or committee to take such evidence as it directs and
report the same to the court, with his or its findings of facts and conclusions of law,
which report shall constitute a part of the proceedings upon which the determination of
the court shall be made. The court, upon such appeal and after a hearing thereon, may
reverse or affirm, wholly or partly, or may modify or revise the decision appealed from.
Costs shall be allowed against said board if the decision appealed from is reversed,
affirmed in part, modified or revised. Appeals from decisions of said board shall be
privileged cases to be heard by the court, unless cause is shown to the contrary, as soon
after the return day as is practicable.
(P.A. 73-532; P.A. 76-436, S. 269, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 78-280 deleted
reference to counties.