(A) Code. The Existing Structures Code that pertains to all buildings and structures in the city is the most recent edition of the BOCA National Existing Structure Code, as published by the Building Officials and Code Administrators International, Inc., as amended and revised.
(B) The National Existing Structure Code is amended and revised in the following respects:
(1) Section ES-100.1 (page 1, second line). Insert: “City of Monticello.”
(2) Section ES-110.2 (page 8, third line). Insert: “Less than $25 nor more than $200,” and delete from lines 3 and 4: “or imprisonment for a term not to exceed (number of) days, or both.”
(3) Section ES-111.4 (page 9, second line). Insert: “15 days.”
(4) Section ES-112.1 “Petition” (page 10) shall be deleted in its entirety and read as follows:
ES-112.1 Petition: Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the Board, provided that such person shall file with the City Clerk, a written petition requesting such hearing and stating the basis therefore, which shall be limited to the following bases:
1. The true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted; or
2. The provisions of this Code do not apply; or
3. The requirements of this Code are adequately satisfied by other means.
(5) Section ES-112.2 "Appeals Board" (page 10) shall be deleted in its entirety and read as follows:
ES-112.2 Appeals Board: In order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of this code, there shall be and is hereby created a Code Appeals Board, hereafter referred to as the "Board," consisting of 3 members who shall be appointed by the Mayor, subject to the advice and consent of the Aldermen, and shall hold office at the Mayor's pleasure.
(6) Section ES-112.2.1 "Membership" (page 10) shall be deleted in its entirety and read as follows:
ES-112.2.1(a) Membership: Each member of the board shall be, in the sole discretion of the Mayor and subject to the consent of the Aldermen, qualified by experience and training to pass on matters pertaining to the regulations set forth in this code. The members of the board shall be residents of the city and may not be employees of the city.
ES-112.2.1(b) Alternate members: The Mayor shall further appoint 1 alternate member to the Board who shall be called by the Board chairman to hear appeals during the absence or disqualification of a member. The alternate member shall possess the qualifications identified herein for board membership.
ES-112.2.1(c) Chairman: The Board shall annually select one of its members to serve as chairman.
ES-112.2.1(d) Secretary: The Board shall annually select one of its members to serve as secretary. The secretary shall file a record of appeal proceedings with the Clerk of the city.
ES-112.2.1(e) Disqualification of a member: A member shall not hear an appeal or vote on any appeal in which that member has a professional or financial interest.
(7) Section ES-112.2.2 "Vote" (page 10) shall be deleted in its entirety and read as follows:
ES-112.2.2 Decision: The Board shall hear all appeals relative to the enforcement of this Code, and by a concurring vote of the majority of its members, shall reverse or affirm wholly or partly, or modify the decision or action appealed from, and shall make such order or determination as in its opinion ought to be made. The Board shall only modify or reverse the decision of the code official by a concurring vote of a majority of the 3 Board members. Failure to secure a concurring majority vote shall be deemed a confirmation of the decision of the code official. The Board shall record its decision in writing.
(8) Section ES-112.2.3 "Financial Interest" (page 10) shall be deleted in its entirety and read as follows:
ES-112.2.3 Open Meetings: All hearings before the Board shall be open to the public.
(9) Section ES-112.3 "Records" (page 11) shall be deleted in its entirety and read as follows:
ES-112.2.3 Procedures: The purpose of an appeal hearing is to allow all parties a reasonable and fair opportunity to be heard. Any person may appear at an appeal hearing and present relevant evidence, rebut evidence presented by others, and the opportunity to cross-examine witnesses. At a minimum, the appellant, the appellant's representative, the code official, the city's representative, and other interested persons may appear and offer testimony or evidence. The Board chairperson, acting in his sole discretion, may exclude testimony or evidence that is irrelevant, immaterial or unduly repetitious. Cross-examination of witnesses shall be permitted. The procedures shall not require strict compliance with evidentiary rules.
(10) A new Section ES-112.4 is hereby created as follows:
ES-112.4 Additional Rules: The Board may adopt additional rules of procedure and make said procedures governing appeals hearings public through the secretary.
(11) A new Section ES-112.5 is hereby created as follows:
ES-112.5 Administration: The code official shall take immediate action in accordance with the decision of the Board.
(12) Section ES-201.0 "Applied Meaning of Words and Terms" (pages 13-14) shall be amended to repeal the stated definition of "code official" and replace said definition with the following:
"Code official: The City Building Inspector or any duly authorized representative thereof."
(C) Violations. Any person found to be violating any provision of the Existing Structure Code shall be served by the Building Inspector with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations. Any violation not corrected within the allotted time shall subject the violator to legal action for enforcement of the Code.
(Am. Ord. 2013-16, passed 4-8-2013)