A. Creation Of Board Of Appeals: In order to hear and decide appeals of orders, decisions or determinations made by the code enforcement officer relating to interpretations and application of this chapter, the city council hereby creates a board of appeals and will appoint citizens of Colstrip who are qualified by experience and training to hear and pass on matters pertaining to building construction. The members of the board of appeals serve at the pleasure of the city council. Members of the board of appeals will not be employees of the city. The code enforcement officer is an ex officio, nonvoting, member of the board and serves as the board secretary. The board will adopt rules of procedure for conducting its business, and render its decisions and findings in writing to the appellant and the code enforcement officer.
B. Limitations Of Authority: The board of appeals has no authority to interpret the administrative provisions of the building code, and has no authority to waive requirements of the building code.
C. Appeal Procedures:
1. The property owner, or Colstrip resident, submits a building codes appeal form to the code enforcement officer at the city hall. The appellant describes the decision appealed and the points and/or reasons he believes he has been aggrieved.
2. If the appeal is based on technical issues, the code enforcement officer shall submit the appeal to the state of Montana building codes division for an interpretation prior to board of appeals review.
3. The board of appeals publishes notice of the time and date of a meeting to consider the appeal.
4. At the meeting, the board of appeals considers all information pertaining to the code enforcement officer's decision or order, and the appellant's reasons for appealing. Representatives of the appellant may be present at the meeting to provide additional information.
5. The board of appeals makes a written findings regarding the appeal, and provides the appellant a copy of the written findings. (Ord. 02-02, 6-25-2002, eff. 7-25-2002)