(A) Right of appeal; jurisdiction. Pursuant to the provisions and requirements or the codes adopted in § 150.002 above, the City Construction Board or Appeals is hereby created and shall hear all appeals taken from the Building, Mechanical, Plumbing and Electrical Codes, as provided in the codes and other requirements of the State Construction Code Act of 1972, Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531.
(B) Construction Board of Appeals; appointment; term of office; qualifications. The Construction Board of Appeals shall consist of five regular members and two alternate members who shall serve for a term of five years pursuant to the adopted codes. Members of the Construction Board of Appeals shall be appointed by the Mayor and shall be qualified by experience and training to perform the duties of the Construction Board of Appeals and, where required, registered in accordance with state law. A clerical person appointed by the Civil Service Commission shall serve as the secretary to the Construction Board of Appeals and shall file a detailed record of all proceedings and decisions in the office of the City Clerk, and provide to the appellant a copy of the procedures, under which the hearing will be conducted, and a copy of the decision of the Construction Board of Appeals.
(C) Open Meetings Act; Freedom of Information Act. The business of the Construction Board of Appeals shall be conducted at public meetings held in compliance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275. Public notice of the time, date and place of the meeting shall be given in the manner required by the Open Meetings Act. A record of decisions made by the Construction Board of Appeals, properly indexed and any other writing prepared, owned, used, in the possession of, or retained by the Construction Board of Appeals in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 422 of 1976, being M.C.L.A. §§ 15.231 et seq.
(D) Fees. The appellant shall pay a mandatory nonwaivable fee at the time of filing an appeal to the City Treasurer before any appeal is considered. The fee shall be established as provided in § 150.006. Unless the applicant provides written notice of his or her intent to withdraw his or her appeal at least 72 hours prior to the public meeting scheduled for that purpose, the fee is nonrefundable.
(E) Compensation. The City Council shall fix, by an annual resolution, the amount of any per diem compensation provided to members of the Construction Board of Appeals. The members shall request in writing to the code official reimbursement for any actual and necessary expenses incurred in connection with their duties as a member of the Construction Board of Appeals. If the code official shall approve, he or she shall forward the request to the City Controller.
(Ord. 474, passed 4-20-2000) Penalty, see § 150.999