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Any person who is desiring review of a decision or determination of the building official pertaining to a permit or permit application must file a written appeal petition, on a form to be provided, with the chair of the Building Board of Appeals, within 21 days after the decision or determination to be reviewed has been issued by the building official. The appeal petition must be accompanied by all supporting information the petitioner wishes to be considered by the Building Board of Appeals. The petitioner must also deliver a copy of the appeal petition and supporting information to the building official and, if the petitioner is not the permit applicant, to the permit applicant. Petitions must be delivered in person or by U.S. mail with delivery confirmation.
The appeal petition must be accompanied by proof that the required filing fee has been paid to the City in accordance with Section 14A-12-1210.
Upon the filing of an appeal petition, any and all work or operations which will or may be directly or indirectly affected by any such decision or determination must cease and the affected work or operations may not commence or resume until and after a decision has been rendered by the Board.
All meetings of the Building Board of Appeals will be held at the call of the chair and at such times as the chair may determine. Hearings on appeal petitions must be held no later than 30 days after the last day for the building official to respond to an appeal petition. All hearings conducted by Building Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chair, or in the chair’s absence, the acting chair, may administer oaths and compel the attendance of witnesses.
All orders, decisions, or determinations of the Building Board of Appeals which reverse or modify the decision of the building official must contain a statement to the effect that in the opinion of the Building Board of Appeals the work proposed will not endanger the life, health, or safety of the building occupants or area residents. A copy of all orders, decisions, or determinations of the Building Board of Appeals must be mailed to the petitioner, the permit applicant, and the building official.
The Building Board of Appeals must keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Building Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript. A copy of every rule or regulation, order, requirement, decision, or determination of the Building Board of Appeals must be filed immediately with the building official and must be a public record.
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