(a) Any person adversely affected by any order, requirement, decision or determination by the Fire Chief, Police Chief or their designated representatives with respect to the storage of flammable liquids subject to drug abuse may appeal to the Board of Building Standards and Building Appeals pursuant to Charter Section 76-6. An appeal shall stay the action appealed. The Board shall commence to hear the merits of an appeal within fifteen (15) days after the filing of such appeal or at the next scheduled meeting closest in time thereto in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay.
(b) Any person, property owner, or member of the general public shall be permitted by the Board to intervene when such intervention is timely and the person, property owner, or member of the general public claims an interest relating to the matter and/or the person is so situated that the disposition of the matter by the Board may impair or impede his or her ability to protect an interest. For the purpose of this subsection “timely” means prior to the commencement of a hearing by the Board on the merits of the appeal before the Board.
(c) Any appeal from an order, requirement, decision or determination of the Chief must be filed with the Board within fifteen (15) days after dispatch of notice of the action of the Chief.
(d) The Chief shall be a party to all appeals brought under this Code and shall be required to file a statement for the basis of the order appealed with the Board within seven (7) days of receipt of the notice of appeal. The statement shall contain facts and findings upon which the Chief promulgated the order appealed. The Board may also require any other party or intervenor to file a summary of his or her position prior to the hearing. The Board shall cause notice of any hearing on an appeal to be published in the City Record.
(Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)