(A) Any person directly affected by a decision, notice or order of the code official under this chapter shall have the right to appeal to the Board of Adjustment and Appeals, provided that a written application for appeal is filed with the Director of Public Works or his or her authorized designee within 30 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 chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or the requirements of this chapter are adequately satisfied by other means.
(B) Appeals of decisions of the code official (other than ministerial acts or imminent danger notices) shall stay the enforcement of the decision until the appeal is heard by the Board of Adjustment and Appeals.
(C) All hearings before the Board of Adjustment and Appeals shall be open to the public. The appellant, the appellant’s representative, the code official, any member of the city staff or any person whose interests are affected shall be given an opportunity to be heard.
(D) The Board of Adjustment and Appeals may affirm, modify or reverse the decision of the code official. The decision of the code official shall only be modified or reversed upon a concurring vote of at least two-thirds of the members of the Board of Adjustment and Appeals. The decision of the Board of Adjustment and Appeals shall be appealable to the Circuit Court.
(Prior Code, § Q-15-1200) (Ord. 1050, passed - -)