For the purposes specified in this chapter, the Board of Appeals established under the provisions of Section 165.31 of this Code of Ordinances shall be the Board of Appeals.
1. Hearing. Any person affected by any notice that has been issued in connection with the enforcement of any provisions of this chapter may request, and shall be granted a hearing on the matter before the Board of Appeals, provided that such person shall file in the office of the Building Inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the date the notice was served. Upon receipt of such petition, the Building Inspector shall set a time and place for such hearing, shall give the Petitioner written notice thereof, and shall take no further enforcement action pending the outcome of the hearing. At such hearing, the Petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall commence not later than 30 days after the date on which the petition was filed, provided that, upon application of the Petitioner, the Building Inspector may postpone the date of the hearing for a reasonable time beyond such 30-day period if, in the Building Inspector’s judgment, the Petitioner has submitted a good and sufficient reason for such postponement.
2. Action by Board. After such hearing, the Board of Appeals shall by written order sustain, modify, or withdraw the violations cited in the Building Inspector’s notice, and reinstate or revoke the permit accordingly in said order, after consideration of whether the provisions of this chapter have been complied with.
3. Record and Appeal. The proceedings at such hearing, including the findings and decision of the Board of Appeals, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter. No hearing shall be valid unless a majority of the board if present and no decision at a hearing shall be valid and binding unless reached by a majority of the whole Board. Any person aggrieved by the decision of the Board of Appeals may seek relief there from by appeal to the Iowa District Court, in and for Warren County, Iowa.
4. Emergency Order. Whenever the Building Inspector finds that an emergency exists which threatens immediately the public health, the Building Inspector may issue an order reciting the existence of such an emergency and requiring that such action be taken as the Building Inspector deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Building Inspector, shall be afforded a hearing at the earliest expedient time. After such hearing, depending upon its findings as to whether the provisions of this chapter have been complied with, the Board of Appeals shall continue such order in effect, modify it or revoke it.
5. Conflict. Enforcement of the Building Code shall not be construed for the particular benefit of any individual or group of persons, other than the general public. In the event of a conflict between this section and any other section of the Building Code, this section shall govern insofar as applicable.
6. Liability. The City or any employee is not liable for damages to a person or property as a result of any act or failure to act in the enforcement of the Building Code. The Building Code shall be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any equipment or structure regulated herein for damages to a person or property caused by its defects, nor shall the city or any city employee be held as assuming any such liability by reason of the inspections by this Code or any approvals issued under this Code.