A. Application For Appeal: Any person shall have the right to appeal a decision of the code official to the Board of Appeals. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent form of construction is to be used.
B. Membership Of Board: The board of appeals shall consist of five (5) members appointed by the mayor with the advice and consent of the council as follows: one for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one year. Thereafter, each new member shall serve for five (5) years or until a successor has been appointed.
C. Qualifications: The board of appeals shall consist of five (5) individuals, one from each of the following professions or disciplines:
1. Registered design professional that is a registered architect, or a builder or superintendent of building construction with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
2. Registered design professional with structural engineering or architectural experience.
3. Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
4. Registered design professional with electrical engineering experience; or an electrical contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
5. Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
D. Alternate Members: The mayor with the advice and consent of the council shall appoint two (2) alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five (5) years or until a successor has been appointed.
E. Chairperson: The board shall annually select one of its members to serve as chairperson.
F. Disqualification Of Member: A member shall not hear an appeal in which that member has any personal, professional, or financial interest.
G. Secretary: The mayor shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the deputy director.
H. Notice Of Meeting: The board shall meet upon notice from the chairperson, within ten (10) days of the filing of an appeal, or at stated periodic meetings.
I. Open Hearing: All 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.
J. Procedures: The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
K. Postponed Hearing: When five (5) members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
L. Board Decision: The board shall modify or reverse the decision of the code official by a concurring vote of three (3) members.
M. Resolution: The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.
N. Administration: The code official shall take immediate action in accordance with the decision of the board.
O. Court Review: Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. (Ord. 5965, 4-12-1995)
P. Fee: Except in the case where the appeal or variance request is initiated on behalf of the City by the City Council, the Building Board of Appeals, the City Planner, the Fire Chief, the Corporation Counselor or the City Attorney, a fee of one hundred fifty dollars ($150.00) shall be deposited with the City Clerk in conjunction with a completed application. Under no condition shall said fee or any part thereof be refunded for failure of such proposed appeal or variance before the Building Board of Appeals. (Ord. 7440, 2-11-2015)