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Any person aggrieved by an action of the City Engineer and/or City Service-Safety Director and/or his or her designated representative may take an appeal to the Board of Building Code Appeals. The City Engineer and/or City Service-Safety Director and/or his or her designated representative, any Municipal officer or official, any public body or any member of the Board may request a hearing by the Board on any subject over which such Board has jurisdiction or power, as set forth herein, or may request the Board to review or interpret any provision of this Building Code.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
An appeal from any decision of the City Engineer and/or City Service-Safety Director and/or his or her designated representative may be taken within fifteen days of the decision from which the appeal is taken by paying a fee of twenty-five dollars ($25.00) and filing with the City Engineer and/or City Service-Safety Director and/or his or her designated representative and with the Board of Building Code Appeals a notice of appeal specifying the ground therefor. The City Engineer and/or City Service-Safety Director and/or his or her designated representative shall forthwith transmit to the Board all papers concerning the matter upon which the action appealed was taken. Any costs of the Board in evaluating the merits of an appeal shall be born by the appellant.
(Ord. 89-105. Passed 12-12-89.)
(a) Notice. The Board of Building Code Appeals shall hold a public hearing on each appeal and shall give such notice to the City Engineer and/or City Service-Safety Director and/or his or her designated representative and other interested parties as the Board directs and shall give notice to the public by publication in the local press at least one time prior to such hearing.
(b) Evidence and Inspection. In passing upon appeals, the Board may require submission of evidence or proof to substantiate claims, and may require such additional data and tests which, in its opinion, are needed for adequate consideration of the appeal. A member may at any time inspect and examine any plans, building or structure and may enter the building or structure, if necessary, for the purpose of carrying out the duties of the Board.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
The Board of Building Code Appeals shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and shall indicate the vote upon such decision. Each decision shall be promptly filed in the office of the City Engineer and/or City Service-Safety Director and/or his or her designated representative and shall be open to public inspection. A certified copy shall be sent to the appellant and other interested parties, and a copy shall be kept publicly posted in the office of the City Engineer and/or City Service-Safety Director and/or his or her designated representative for two weeks after its receipt.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
The Board of Building Code Appeals, after a public hearing, may vary the application of a provision of this Building Code to a particular case when, in its opinion, enforcement thereof would do manifest injustice or would be contrary to the spirit and purpose of this Building Code or the public interest, or when, in its opinion, the interpretation of the City Engineer and/or City Service-Safety Director and/or his or her designated representative should be modified or reversed. A decision of the Board to vary the application of any provision of this Building Code or to modify an order of the City Engineer and/or City Service-Safety Director and/or his or her designated representative shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
If a decision of the Board of Building Code Appeals reverses or modifies a refusal order or disallowance by the City Engineer and/or City Service-Safety Director and/or his or her designated representative or varies the application of a provision of this Building Code, the City Engineer and/or City Service-Safety Director and/or his or her designated representative shall take action immediately in accordance with such decision.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
Any person aggrieved by a decision of the Board of Building Code Appeals, whether or not he is a previous party to the decision, or any City official, may apply to the appropriate court for relief to correct errors of law in such decisions. Application for review shall be made to the proper court within fifteen days after the filing of the Board's decision in the office of the City Engineer and/or City Service-Safety Director and/or his or her designated representative.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)