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A. In order to hear and decide appeals of orders, decisions, or determinations made by a code official relative to the application and interpretation of any code contained within this title, the city council shall act as a board of appeals. The council shall hear all appeals from decisions of the code official and shall interpret provisions whenever a dispute arises as to the meaning or intent of any provision.
B. Any person(s) aggrieved by a decision of the code official may perfect an appeal to the city council by filing a written notice of appeal with the city clerk and the code official within ten (10) calendar days from the date of the action by the code official. Such notice shall specify the grounds for the appeal. A hearing on the appeal shall be commenced by the council no later than thirty (30) calendar days from the date the notice of appeal was filed with the city clerk and the appellant shall be provided with reasonable advance notice of the date, time and place of the hearing. Once a written notice of appeal has been filed with the council, any person acting contrary to the interpretation or order of the code official may proceed with the disputed work at their own risk, pending a final determination by the council.
C. A notice of appeal shall:
1. Set forth in detail the precise decision or requirement being appealed;
2. State precisely why the decision or requirement is in error;
3. Designate the section(s) of the code, other ordinances or statute(s) which support the appellant's position; and
4. Be accompanied by an appeal fee of one hundred dollars ($100.00).
D. The city council shall have authority to affirm, modify, reverse, or remand the action of the code official. Where practical difficulties or an unnecessary hardship will result from the strict application of a code, the council shall have the power, in a specific case, to grant a variance from any provision, in accordance with general purpose and intent of the code, so that the public health, safety, convenience, prosperity, and general welfare may be secured and substantial justice done. Any such variance shall not be construed as an amendment or a general waiver of any provision of a code.
E. The nature of the hearing before the city council shall be informal and strict adherence to rules of evidence governing the courts shall not be required. At the conclusion of a hearing on an appeal, the city council shall affirm, modify, reverse or remand the decision of the code official by a concurring vote of at least three (3) members. Within five (5) days of its decision, the city clerk shall prepare and sign a written order memorializing the council's decision and mail it to the appellant's last known address, as shown by the certificate of mailing attached to the order.
F. A decision of the council on a technical dispute shall be res judicata and the city council may, in its discretion, refuse to hear appeals involving interpretation of codes, statutes or ordinance provisions upon which a decision by the council has been previously made.
G. Any rulings, requirements, decisions or interpretations of the city council shall be final and binding upon all parties, provided that any right of appeal to the courts shall not be abrogated.
H. In computing any period of time prescribed or allowed by this section, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is a legal holiday as recognized by the city of Bixby, or any other day when the office of the city clerk does not remain open for public business until its regularly scheduled closing time, in which event the period shall run until the end of the next day which is not a legal holiday or a day when the office of the city clerk does not remain open for public business until its regularly scheduled closing time. Unless the context of a period of time clearly indicates otherwise, a period of time prescribed in days shall be calendar days, including holidays and any other day when the office of the city clerk is not open for public business until its regularly scheduled closing time. (Ord. 2096, 11-13-2012)