(a) There is hereby established in the Municipality a Board to be known as the Board of Building Code Appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction who shall be appointed by the Mayor of the Municipality subject to approval of City Council and they shall serve for three (3) year terms.
(b) Membership of the Board. The Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction who shall be appointed by the Mayor of the Municipality, subject to approval of City Council.
(1) Chairman. The Board shall annually select one of its members to serve as Chairman.
(2) Disqualification of member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.
(3) Compensation of members. Compensation of members shall be determined by law.
(c) Notice of Meeting. The Board shall meet upon notice from the Chairman, within ten days of the filing of an appeal, or at stated periodic meetings.
(d) Open Hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Chief Building Official or designee, and any person whose interests are affected shall be given an opportunity to be heard. 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.
(e) Board Decision. The Board shall modify or reverse the decision of the Chief Building Officia1 or designee by a concurring vote of three members.
(1) Resolution. The decision of the Board shall be by resolution. Copies shall be furnished to the appellant and to the Chief Building Official or designee.
(2) Administration. The Chief Building Official or designee shall take immediate action in accordance with the decision of the Board.
(f) 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. 122-03. Passed 12-8-03; Ord. 119-06. Passed 12-18-06; Ord. 5-16. Passed 2-8-16.)