A. Any property owner or lessee with the consent of the owner aggrieved by an order, disapproval of an application, or refusal to grant a permit issued by the Fire Chief or his. her designee under this chapter may appeal from the decision by filing a written petition requesting a hearing on the matter before the Board of Public Works and Safety of the City. Said petition shall be filed within thirty days from the date of the decision from which the person is seeking appellate review, and contain a brief statement explaining the reason for the appeal.
B. Upon receipt of such petition, the board of public works and safety shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after receipt of the request therefor.
C. At such hearing the petitioner shall be given an opportunity to be heard pertaining to the matters and things stated in such petition. The Board of Public Works and Safety shall consider the following criteria:
1. Whether the requested use or modification will conform to fundamental requirements for safety; and
2. Whether the granting of the requested appeal increases the risk of fire or danger to the public, firefighters, or intended occupants.
D. After such hearing, the Board of Public Works and Safety shall sustain, modify or overrule the decision of the hire Chief. The proceedings of such hearings including the findings and decisions of such board shall be reduced to writing and entered as a matter of public record in the minutes of the meetings of such board.
E. Any person aggrieved by the decision of such board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state. (Ord. 2-2019, 2019)