(A) Created: There is hereby created a board of examiners and appeals referred to in this chapter as the "board".
(B) Members:
1. The board shall consist of persons appointed by the village president, for a period of five (5) year terms, or until a successor has been appointed.
2. The code enforcement officer or his/her designee shall be an ex officio member of said board but shall have no vote on any matter before the board.
3. The village president shall appoint two (2) alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five (5) years, or until a successor has been appointed.
4. The board shall consist of five (5) individuals, one from each of the following professions or disciplines:
(a) Registered design professional with architectural experience or a builder or superintendent of building construction with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.
(b) Registered design professional with structural engineering experience.
(c) Registered design professional with electrical engineering experience or an electrical contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.
(d) Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.
5. The board is authorized to establish policies and procedures necessary to carry out its duties.
6. The board shall annually select one of its members to serve as chairperson.
7. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
8. The code enforcement officer or his/her designee shall serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the village clerk.
9. Compensation of the members shall be thirty dollars ($30.00) per meeting attended.
(C) Application: The application for appeal shall be filed on a form obtained from the building official within twenty (20) days after the notice was served, along with a filing fee of four hundred dollars ($400.00).
(D) Notice Of Meeting: The board shall meet upon notice from the chairperson, within ten (10) days of the filing of an appeal or at stated periodic meetings.
1. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code enforcement officer or his/her designee, and any person whose interests are affected shall be given an opportunity to be heard.
2. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
3. When five (5) members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds (2/3) of its members.
4. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code enforcement officer or his/her designee.
(E) Functions Generally:
1. The board of examiners and appeals shall hear and decide appeals from any order, requirement, decision or determination made by the building department related to this chapter.
2. The board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision, or determination appealed from to the extent and in the manner that the board may decide to be fitting and proper in the premises by a concurring vote of three (3) members, and to that end the board shall also have all the powers of the officer from whom the appeal is taken. Decisions by the board shall be made by resolution.
3. The board on its own initiative or at the request of any person or group, including the code enforcement officer or his/her designee, may recommend to the village board, after public hearing, amendments to the building code.
(F) Effective Period Of Orders: No order of the board permitting the erection or alteration of a building shall be valid for a longer period than one year from the date of such order unless a building permit for such erection or alteration is requested within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit when issued. (Ord. 03-38, 4-19-2004, eff. 5-1-2004)