(A) An appeal may be made when it is claimed that the true intent of the Kentucky Building Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Code do not fully apply, the requirements of the code are satisfied by other means, or that the building official has refused to grant a modification to the provisions of the Code covering the manner of construction or material to be used in the erection, alteration or repair of a building or structure.
(B) Appeals from the decision of the Chief Building Official, or his designated representative, shall be made in writing to the Board and sent to the Appeals Board. The application shall be made on an official Appeals Board application form available from the Boone County Building Department. The application shall be completed in its entirety and be signed by the applicant. If the applicant is someone other than the owner, an owner’s affidavit shall be completed and notarized.
(C) The written appeal shall contain a statement of the facts, an explanation of why the decision is being appealed, and any appropriate argument which shall include citations to the Kentucky Building Code where applicable. A site plan shall be submitted by the applicant showing the area or structure being appealed. The applicant shall provide a total of 15 copies of these documents at the time of application.
(D) Upon receipt of the appeal, the secretary shall send notice to the Board. A hearing shall be scheduled within 15 days after the appeal is received. All parties to the appeal shall be notified by certified mail of the hearing date, time and location within ten days prior to the date of the hearing.
(E) The hearing shall follow the written procedure to be adopted by the Board and made available to the public. The hearing procedure shall not require strict compliance with the rules of evidence but shall mandate that only relevant information be received. The Appellant, the Appellant's representative and any person whose interests are affected shall be given an opportunity to be heard. All hearings before the Board shall be open to the public.
(F) The appeal shall be heard by five members of the Board. A decision reached by the majority of the members present at a properly called hearing, shall constitute a decision of the entire Board. The Board shall render a written decision within five days after the hearing. The Board may uphold, amend, or reverse the decision of the local building official. The decision shall be made by a concurring vote of three members.
(Ord. 99-24, passed 12-20-99)