(a) There is established one Appeals Board for all appeals arising under Article 1705, comprised of five members, with up to three alternates, who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City. At least one member of the Appeals Board shall be a West Virginia Registered Professional Architect or Engineer, or a West Virginia Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical, or Fire Protection Contractor, with at least ten (10) years' experience, five of which shall be in responsible charge of work. In addition to such members, the City Code Official shall be an ex-officio member but shall have no vote on any matter before the Appeals Board. The members of the Appeals Board shall be appointed by the City Council and shall serve staggered and overlapping terms.
(b) The Appeals Board shall adopt Rules of Procedure governing appeals before it; provided such Rules of Procedure shall provide that: (i) a majority of the five (5) voting members of the Appeals Board shall constitute a quorum and no meeting or hearing of the Appeals Board shall be conducted unless a quorum is present; (ii) notwithstanding that a quorum may be present to hear any appeal, the appellant or the appellant's representative may request postponement of the hearing at its commencement if five (5) voting members of the Appeals Board are not present; (iii) at any hearing, the appellant or the appellant's representative, the Code Official, and any other person whose interests are affected shall be given the opportunity to be heard and, for such purpose, the presiding officer of the Appeals Board shall administer oaths and affirmations; (iv) except as specified in the following item (v), any action of the Appeals Board at a meeting or hearing shall be taken and be official only upon the concurring vote of a majority vote of the voting members present; (v) the Appeals Board may modify or reverse a decision of the City Code Official only by the concurring vote of a majority of its five (5) voting members; and (vi) meetings and hearings of the Appeals Board may be held by electronic means by which all persons participating may hear and communicate with each, including, without limitation, by telephonic conference or by video conference, and any member of the Appeals Board participating in a meeting or hearing by such means shall be deemed present in such meeting or hearing for all purposes.
(c) All administrative appeals from actions of the City Code Official must be filed within twenty (20) days of service of the order, decision, or determination to be appealed and will follow the procedures set forth in the respective codes and standards incorporated in the Building Code where not inconsistent with this Section. At the time of filing any appeal to the Appeals Board, the appellant shall be required to pay a filing fee in the same amount as specified in Section 59-1-ll(a)(l) of the West Virginia Code for docketing of civil appeals from magistrate court; provided that, such fee shall be refunded to the appellant in the event the appellant prevails on all matters appealed.
(d) Any appeals from decisions of the Appeals Board must be filed within thirty (30) days of the decision by Petition for Writ of Certiorari to the Circuit Court of Jefferson County.
(e) Appeals to the Appeals Board and appeals from the Appeals Board to the Circuit Court shall be based on, and limited to, a claim that the true intent of this Article and/or the State Building Code has been incorrectly interpreted, the provisions of this Article and/or the State Building Code do not fully apply, or the requirements of this Article and/or State Building Code are adequately satisfied by other means.
(Ord. 2024-001. Passed 1-17-24.)