(A) Any owner of any rental unit or building or structure shall have an absolute right of appeal from any decision, notice or order of the building inspector.
(B) Such appeal shall be to the town’s Building Maintenance Board as created by the town ordinances and such appeal shall be in writing and set out therein all information regarding the rental unit, building or structure; all information regarding the inspection and challenged decision of the building inspector; and the basis for such appeal. The building inspector shall provide a form for such appeal.
(C) Any appeal must be filed in the office of the Mayor within 20 calendar days of the action by the building inspector appealed.
(D) In all cases the Building Maintenance Board shall convene upon said appeal within 30 calendar days of the filing of any appeal unless the owner requests an expedited appeal and sets forth good cause for an expedited appeal in which case the Building Maintenance Board shall convene within 15 calendar days after the filing of such appeal.
(E) The owner shall be given notice by regular United States mail as to the date and time of the convening of the Building Maintenance Board and such owner shall attend in person and may have legal counsel to present the owner’s appeal. The owner may call witnesses and present testimony and evidence, under oath.
(F) The Town Attorney shall represent the town at such hearing and shall present evidence and testimony on behalf of the town.
(G) Upon conclusion of the proceedings the Building Maintenance Board shall deliberate and return a decision upon the appeal. Such decision of the Building Maintenance Board shall be final unless either party, the owner or the town, shall obtain an order from the circuit court of the county reversing the decision of the Building Maintenance Board.
(H) The filing of an appeal shall not stay any order or notice of the building inspector but such appeal shall stay the enforcement of any monetary penalties assessed, until the final decision of the Building Maintenance Board is rendered.
(I) Any decision of the Building Maintenance Board shall be in writing and a copy thereof served by regular United States mail upon the owner or upon counsel for the owner.
(Prior Code, § 4-511) (Ord. passed 8-28-2017)