(A) There shall be a Building Board of Examiners and Appeals, to be the "board of appeals" specified in section 113 of the International Building Code.
1. The Building Board of Examiners and Appeals shall be composed of three (3) to five (5) members from the design and construction professions.
2. Members of the Building Board of Examiners and Appeals shall be appointed by the City Council.
3. The terms of the members shall be four (4) staggered years.
(B) The duties and responsibilities of the Building Board of Examiners and Appeals shall be to hear appeals from decisions of the Building Official.
(C) Appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Title and the International Building Code shall be presented and determined by the Building Board of Examiners and Appeals following these procedures:
1. The notice of appeal shall be in writing, shall fully state the decision of the Building Official being appealed and fully state the grounds of the appeal, and shall be signed and verified by the appellant.
2. The notice of appeal shall be served on the City Clerk within ten (10) days after the Building Official’s order, decision or written interpretation.
3. The appeal shall be scheduled by the Clerk for hearing as soon as practicable, and in any event within forty-five (45) days after receipt of a notice of appeal complying with the standards of this section.
4. Written notice of hearing shall be given to the Building Official and to the appellant not less than fifteen (15) days before the hearing. Should the appellant desire to file written arguments, appellant shall do so no later than five (5) days prior to the hearing.
5. Hearings before the Board shall be public and shall be conducted in a quasi-judicial manner. Attorneys may represent petitioner but are not required. All proceedings shall be recorded and said recordings shall be kept and made permanent.
(D) The decision of the Building Board of Examiners and Appeals shall be based on the International Building Code and the McCall Area codes. Following the hearing, the Building Board of Examiners and Appeals shall enter written findings of fact, conclusions of law, and its decision.
1. Findings shall be explicit and shall state the ruling and the reasons for said decision by delineating the findings of fact and conclusions of law.
2. Signed copies of the findings should be sent to all parties to the action.
The Board of Examiners and Appeals shall render all decisions and findings in writing to the Building Official and the appellant within ten (10) days of close of hearing.
(E) Appeals from the Board of Examiners and Appeals shall be filed within ten (10) days after mailing of notice of decision by the Board of Examiners and Appeals. The appeal will be filed and heard as provided by Idaho Code section 39-4120 (State Board of Appeals). Appeals of Board of Examiners and Appeals decisions shall be in such form and manner as provided by the Idaho Rules of Civil Procedure. (Ord. 640, 5-12-1994, eff. 5-19-1994; amd. Ord. 988, 4-23-2020)