1777.12 MEANS OF APPEAL.

   (a)   Application for Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Dunbar City Council, provided that a written application for an appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.

   (b)   Notice of Meeting. The Council shall meet upon notice from the Mayor, within the twenty (20) days of the filing of an appeal, or as stated periodic meetings.

   (c)   Open Hearing. All hearings before the Council shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the Council membership.

   (d)   Postponed Hearing. When the full Council is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

   (e)   Council Decision. The Council shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of Council members.

      (1)   Records and copies. The decision of the Council shall be recorded. Copies shall be furnished to the appellant and to the code official.

      (2)   Administration. The code official shall take immediate action in accordance with the decision of the Council.

   (f)   Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the Circuit Court of Kanawha County.

   (g)   Stays of Enforcement. Appeals of notice and orders (Other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Council.

(Ord. 620. Passed 9-5-06.)