(A) There is hereby created a Board of Appeals, herein after referred to as the Board, which shall consist of the Board of Examiners, hereinbefore referred to; provided, however, that the Inspector shall be disqualified from sitting as a member of the Board or from voting on any and all matters involving the suspension or revocation of any license issued under this code or on any and all matters that are in the nature of an appeal from any ruling or decision made by said Inspector.
(B) The Board is hereby authorized and empowered to do the following:
(1) When it is impossible for a licensee under this code or an owner to obtain the material specified for use in the code because of any national emergency or when it is undesirable to use the materials specified because of improvements, or new discoveries made or when it is impractical or undesirable for a licensee to follow the method or procedure prescribed by this code, the Board, in its discretion, may approve any material proposed as a substitute for those mentioned in the code, or may, in its discretion, approve any method of procedure as a substitute for that herein prescribed and when such approval is given it shall have the force and effect of law;
(2) Hear and conduct appeals from rulings or decisions of the Inspector as specified in this code;
(3) Conduct investigations on any matters pertaining to the effective operation and application of the code to the various matters covered thereby;
(4) Make findings that shall be conclusive on all questions of fact, whether arising from such investigations, appeals or otherwise; and
(5) To make rules and regulations for carrying out the provisions of this chapter.
(C) In the event that any person desires to appeal to the Board from any decision or ruling of the Inspector or any matter under the code, such appeal shall be made in writing and filed with the Secretary of the Board and at the same time such person shall pay a filing fee of $10 to the City Treasurer. If the ruling or decision of the Inspector is not affirmed by the Board, the fee of $10 shall be returned to the person appealing; if such ruling or decision is affirmed, the fee shall be retained by the city. In the event proceedings are instituted before the Board of Appeals for any purpose other than to appeal from the ruling or decision of the Inspector, the filing fee as hereinbefore provided shall not be required. Where giving notice of hearing on an appeal is not otherwise provided for herein, the Secretary of the Board shall give such notice to all the interested parties at least ten days before the date of such hearing, either by personal service or registered mail, and the hearing shall be held at such time and place in the city as shall be therein stated. Proof of service of giving such notice shall be made and filed with the Board of Appeals prior to the hearing.
(Ord. 19, passed 1-7-1955)