(a) Membership of Board: The Board of Appeals (Moundsville Building Code Appeal Board) shall consist of three (3) members, appointed by the City Manager as follows: one (l) for three (3) years, one (1) for two (2) years and one (1) for one (1) year. Thereafter, all appointments shall be for three (3) years or until a successor is appointed. The City Manager shall appoint two (2) alternate members who shall be called to hear appeals during the absence or disqualification of a member. Alternates shall serve three (3) year terms or until a successor is appointed.
(b) Application and Time for Appeal: Any person shall have the right to appeal a decision of the code official to the Board of Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction is to be used. The application for appeal shall be filed within ten (10) days of the action taken by the code official being appealed. The Appeal Board shall hold a hearing within ten (10) days, as more particularly set forth below. The Appeal Board shall render a decision within thirty (30) days from receipt of the appeal.
(c) Qualifications: The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City.
(d) Disqualifications: A member shall not hear an appeal in which that member has any personal, professional or financial interest.
(e) Chairman: The Board shall annually select one of its members to serve as chairman.
(f) Secretary: The City Manager shall designate a qualified clerk to serve as secretary of the Board. The secretary shall file a detailed record of all proceedings with the City Clerk.
(g) Meetings: The Board shall meet upon notice from the chairman, within ten (10) days of the filing of an appeal, or at stated periodic or specially called meetings.
(h) Compensation: The members shall be reimbursed actual expenses, and any further compensation shall be as determined by City Council.
(i) Open Meetings and Hearings: All meetings and hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum of two members shall be present in order to hold a meeting or hearing.
(j) Board Decision: The Board may modify or reverse the decision of the Code Official by a concurring vote of two members.
(k) Decisions: The Board's decisions shall be by resolution which shall be reduced to writing and certified by the secretary. Decisions shall be made within thirty (30) days of the application for appeal. Certified copies shall be provided to the appellant and the Code Official, and filed with the City Clerk.
(l) Administration: The Code Official shall take immediate action in accordance with the decision of the Board.
(m) Court Review: Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for writ of certiorari or other proceeding to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision with the City Clerk.
(n) The Moundsville Building Code Appeal Board shall serve as the appeal board for the entire City Building Code including each of the State, the national, and international codes adopted herein. (Passed 9-19-07)