(A) All persons shall have the right to appeal the Building Commissioner's decision, first through the Board of Public Works and Safety of the city, and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of IC 22-13-2-7 and IC 4-21.5-3-7. ('75 Code, § 5-26)
(B) Appeals of fees or charges assessed pursuant to § 150.04.
(1) Upon the determination of the appropriate fee or charge, any individual, group, or organization may, in writing, appeal the determination of their status to the Board of Public Works and Safety. Such an appeal may include information concerning the tax exempt status of the individual, group, or organization or the basis of the fee charged.
(2) This appeal must be delivered to the Director of the Department of Engineering, Traffic and Inspection Services or his designee. Upon receiving a written appeal, the Director of the Department of Engineering, Traffic and Inspection Services will refer the matter to the Board of Public Works and Safety. During a review period not to exceed 30 days from the date of filing the appeal, the Board of Public Works and Safety may conduct a public hearing to decide on the validity of the appeal. Whether or not such a hearing is held the Board of Public Works and Safety may:
(a) Uphold the original determination; or
(b) Waive the fee, provided that the individual, group, or organization can demonstrate to the satisfaction of the Board of Public Works and Safety that it qualifies for exclusion under § 150.04(A); or
(c) Reduce or waive the fee, provided that the individual, group, or organization can demonstrate to the satisfaction of the Board of Public Works and Safety that the proposed activity will enhance the general welfare of the community and that the project will not proceed without reduction or waiver of the fees and charges established in § 150.04.
(3) The decision of the Board of Public Works and Safety shall be final. Except that the decision may be reviewed and amended pursuant to IC 34-4-17.5-1 et seq.
(4) No permit will be issued, and no service will be undertaken while the fee is being appealed. Upon the decision of the Board of Public Works and Safety or upon withdrawal of the appeal and upon payment of the fee, the city will issue the permit or provide the service.
(Ord. 5559, passed 10-28-86; Am. Ord. 5630, passed 2-22-88; Am. Ord. 6073, passed 12-8-97)