(A) Appointment.
(1) There is hereby established a Board of Adjustments and Appeals which shall consist of three members and two alternates. The Board and alternates shall be appointed by the Mayor and confirmed by the City Council. To the extent possible, the Board members shall be residents of the city with knowledge and experience in the building trades.
(2) The Board members shall be appointed by the time of the first regular meeting of the City Council after the regular municipal election each year and confirmed by vote of the City Council at the meeting. A simple majority of the Board shall constitute a quorum and a majority vote of the entire three-member Board shall be required to modify a decision of the Building Official.
(3) In the event that regular members are unable to attend the meeting so as to cause a quorum not to be present or so as to prohibit the majority vote herein required, one or more alternate members shall be entitled to vote at the meeting.
(4) The Building Official, or his or her appointee, shall act as Secretary of the Board, and shall make a detailed record and minutes of its proceedings, which shall set forth the reasons for Board decisions, the vote of each member, and any failure of a member to vote or be present. All minutes shall be delivered promptly to the City Secretary upon their completion for inclusion as part of the city's records.
(5) If a Board of Adjustments and Appeals has not been appointed, or the Board is unable to perform its functions for any reason, the City Council will serve as the Board of Adjustments and Appeals, and the City Secretary will serve as the secretary of the Board.
(B) Powers and decision. The Board of Adjustments and Appeals shall have the power to hear appeals of decisions of the Building Official and to consider variances from the codes as provided in the codes and otherwise in accordance with law.
(C) Notice of appeal.
(1) Notice of appeal from a decision of the Building Official shall be in writing and submitted to the City Secretary. The notice shall contain a detailed statement of the reasons for the appeal and the relief requested, and shall be filed within 30 days after the decision of the Building Official from which an appeal is being taken.
(2) The City Secretary shall promptly notify the Board Chair of the filing of an appeal and the Board shall schedule a meeting to consider the appeal promptly, but no later than within 15 days from the date the appeal has been filed with the City Secretary. In the case of a building structure or service system that, in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may limit the time for the appeal to a shorter period and shall so state in writing the decision.
(D) Decisions. The Board of Adjustments and Appeals shall reach a decision on any appeal without unreasonable delay and in accordance with the time limits contained in § 150.010 above.
(Ord. 07-231, passed 10-16-2007)