(A) There is hereby created a Building and Housing Code Advisory and Appeals Board consisting of five members, and such Building and Housing Code Advisory and Appeals Board shall hereinafter be referred to as the Board of Appeals. Membership on the Board of Appeals shall consist of one engineer, architect, or building designer, one master plumber, one member qualified to perform mechanical work, one member who works as a general contractor, and one citizen of the city who is not an employee of the city.
(B) The members shall be appointed by the Mayor with the consent of the City Council for terms of four years each. Three of the members specified above shall be initially appointed to two-year terms. Two of the above listed members shall be initially appointed to four-year terms. Each two years thereafter, new members shall be appointed, replacing those members whose terms have expired. Members may succeed themselves if so appointed. In September of every even numbered year after the date of adoption of this section, the Mayor, with the consent of the City Council, shall appoint the required members to the Board. Vacancies on the Board of Appeals shall be filled by appointment for the unexpired term only. The Board of Appeals shall annually select one of its members to serve as chairperson. The Building Inspector shall be a permanent secretary of the Board and shall keep a record of all meetings.
(C) The Board of Appeals shall conduct examinations and pass upon qualifications of persons coming before the Board requesting issuance of licenses to conduct plumbing or other work for which a license is required within the city. The Board shall act in an advisory capacity to the Building Official and Code Official concerning matters of code interpretation and evaluation of circumstances and situations relating to code enforcement. The Board of Appeals shall exercise other powers and duties as are conferred upon it in the municipal code.
(D) The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and recommendations in writing to the City Manager. One copy of the rules and regulations shall be on file in the office of the City Clerk.
(E) The Board of Appeals shall meet at the call of the City Manager or upon a written request signed by two or more of its members and filed with the secretary. The City Manager shall refer all properly and timely filed appeals to the Board of Appeals for hearing. The City Manager shall in each appeal notify the appellant in writing of the date, time, and place of hearing before the Board, which shall be no later than 30 days from the filing of the appeal. The notice shall be served upon the appellant by personal service or registered mail.
(F) Hearings on appeal need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which may make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state. Irrelevant and unduly repetitious evidence shall be excluded. The appellant, the City Manager, and any other party to an appeal hereunder shall have these rights, among others:
(1) To call and examine witnesses on any matter relevant to the issues of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut the evidence against him or her.
(G) The Board of Appeals shall then, within a reasonable time after the hearing, render a written decision which shall state its findings and conclusions. Decisions of the Board may be appealed as provided by law.
(H) Except as otherwise provided in this municipal code, enforcement of any decision, notice, or order of the Building Official or Code Official that is the subject of an appeal shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, except in cases of emergency, where enforcement of the same is necessary for the protection of life, limb, or property.
(Ord. 2005-2739, passed 7-18-2005)