(1) Appointment. There is hereby established a board of adjustment and appeals, which shall consist of seven (7) members. Such board shall be composed of one architect, one general contractor or engineer, and five members at large from the building industry. The said board shall be appointed by the city manager.
(2) Term of office. Members shall be appointed for terms of four (4) years. Vacancies shall be filled for an expired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the city manager, render any such member liable to immediate removal from office.
(3) Quorum. Four (4) members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than four (4) affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest.
(4) Power and duties.
(a) To hear and decide appeals to decisions of the building official relating to the enforcement and administration of the building code.
(b) To review and approve permits to move a building within the corporate limits of Cookeville subject to the following:
(i) A permit to move any building to a location within the city limits shall not be issued until the board of adjustments and appeals finds, after public hearing, that the building is structurally sound and that the condition of the building does not constitute a
hazard to life or limb and that the building shall be made to comply with the requirements and limitations of the ordinances relating to the zoning and building codes of the City of Cookeville.
(ii) Notice of public hearing shall be mailed to the owner of the building, to the owner of the site to which the building is to be moved, and to the owners of property within 400 feet of the new site, who are directly affected by the movement of the building.
Notice of public hearing shall be sent not less than five (5) days prior to the date of the hearing.
(iii) Plans shall be submitted which disclose such alterations, modifications or repairs as are necessary to secure compliance with the ordinances relating to the zoning and building codes of the city. Also, a timetable of such repairs and alterations shall be submitted.
(iv) The time to bring the structure to city standards shall not exceed 120 days. However, the board may extend the time limit for a period not to exceed 60 days, upon appeal by the owner for cause.
(v) The board shall require an irrevocable letter of credit, cashier's check or other negotiable instrument in an amount necessary to perform all work to secure compliance with the building code of the city.
(vi) The board shall determine the value of the letter of credit or negotiable instrument. If the work is not satisfactorily completed within 120 days or the extended time, the city may cash the letter of credit or other negotiable instrument to fund completion of the necessary work. If the required work exceeds the amount of the letter of credit or negotiable instrument, then the excess shall be placed on the tax rolls of the city and thereupon became a lien upon the property and shall be collected in the same manner as the city taxes are collected.
(1970 Code, § 4-104, as replaced by Ord. #005-11-22, Nov. 2005)