There is hereby created a Board of Building Appeals. The Board shall consist of the Board of Zoning Appeals, as established by § 8.08 of the Charter of the City of Lebanon, plus two additional members to be appointed by the City Manager. Of the two members appointed by the City Manager, one shall be either a registered professional architect or engineer. The two members shall serve overlapping two-year terms, one member being appointed to serve originally through December 31, 1971 and the other, through December 31, 1972. Vacancies arising during a term shall be filled for the unexpired portion of such term.
(A) Powers and duties.
(1) The Board of Building Appeals shall have the power to reverse or modify an order or ruling of the Building Inspector, or designee, if it finds that order contrary to a fair interpretation of the building or property maintenance codes.
(2) The Board shall further have the power with respect to one-, two- and three-family residences and accessory structures except industrialized units, to grant variances from the strict requirements of the code provided that the spirit and intent of the code is maintained.
(B) Rules of procedure. The Board of Building Appeals may adopt its own rules of procedure. A complete record of all proceedings of the Board, and minutes of all proceedings, shall be kept.
(C) Quorum. Three members of the Board shall constitute a quorum and any action of the Board shall be voted upon affirmatively by a majority of those present.
(D) Application for appeal. Any person adversely affected by a decision of the Building Inspector, or designee’s findings may appeal such decision within 15 days of date of written decision of the Building Inspector either on the ground that the code or rules legally adopted thereunder have been incorrectly interpreted in that particular case or that there are no such code or regulatory provisions covering the particular matter involved. Upon written notice of an appeal of an order issued by the Building Inspector, or designee, the Board shall determine all appeals within 30 days after the filing thereof. Notice of an appeal shall include the time, place, and purpose of the Board meeting. Decision of the Building Inspector, or designee, shall be deemed to be written if it is noted on the copy of the permit kept at the site of the work and signed by the appropriate inspector or other authorized representative of the Building Inspector. The Building Inspector or any interested person may apply to the Board for a modification or for an approved rule at any time.
(E) Fee for appeal. Each application for an appeal to the Board from an action of the Building Inspector shall be accompanied by a fee of $50. All fees shall be deposited in the general fund.
(F) Representation. Each appellant or supplicant and the Building Inspector, and any other person whose interests may be affected by the appeal, shall be given a fair opportunity to be heard orally, in person, or by counsel, and to present written argument.
(Am. Ord. 9282, passed 3-14-06)