Loading...
The Mount Vernon Building Board of Appeals is hereby established. The Building Board of Appeals is a combined appellate board and has authority over matters and work commonly referenced by building, mechanical, electrical or plumbing codes. Any aggrieved person may appeal or otherwise apply to the Board for:
1. A reversal, modification, or annulment of any ruling, direction, determination, or order of the Building Official affecting or relating to the construction of any building or structure, the construction of which is pursuant or purports to be pursuant to the provisions of the Building Code.
2. Review of the disapproval or failure to approve within sixty days after the submission of an application for permission to construct or the submission of plans and specifications pursuant to the Building Code.
3. A special exception to one or more requirements of the Building Code, in the event that strict application of said requirements would result in substantial hardships or injustices; but so, at the same time, the public welfare and interest of the City and surrounding areas are protected and the general intent and spirit of the Building Code are preserved.
Additionally the Building Board of Appeals shall have the authority to approve and, as appropriate, review licensing exemptions as set forth in Section 152.06.
The five members of the Board shall be appointed by the Mayor, subject to the approval of the City Council, and shall hold office for five years and until their successors are appointed, except that four initial appointees shall be appointed for one, two, three and four years respectively, and one initial appointee shall be appointed for the full term. Thereafter a member shall be appointed each year for a five year term. At least three of the members of the Board shall be persons who are qualified by experience or training and, further, provide broad or specialized expertise on matters pertaining to building construction.
1. In the event of a conflict of interest for one or more members concerning a specific case or matter, the Mayor may appoint a special member or members to hear and decide that case or matter. Special members appointed pursuant to this provision shall have the full authority of a regular member for the specific case or matter.
2. The Building Official shall be an ex officio member without vote and shall attend all meetings of the Board.
The Board shall hold a regular meeting every month unless there are no appeals or business on file for a hearing, pursuant to its own rules and regulations. The Board shall adopt reasonable rules and regulations for conducting its investigation and shall render decisions and findings in writings to the Building Official and the City Administrator for appropriate distribution and filing.
In case an appellant or applicant does not exercise his or her rights, act or begin construction of operations or occupancy, as the case may be, in accordance with any appeal, exception or permit granted by the Board within one year after the matter has been acted upon by the Board, such variance or permit shall be null and void.
Appellate and judicial review of decisions of the Building Board of Appeals shall be as follows:
1. If not satisfied with the decision of the Building Board of Appeals, any aggrieved party may appeal within ten (10) days of the Building Board of Appeals' decision to the City Council. Such an appeal must be in writing and must be filed with the City Administrator no later than ten (10) business days after the filing of the aforementioned decision. In exercising the above-mentioned powers, the City Council may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement decision, or determination as ought to be made, and to that end shall have the powers of the Building Board of Appeals from whom the appeal is taken.
2. If not satisfied with the decision of the City Council, any aggrieved party may appeal within thirty (30) days of the City Council's decision to the Iowa District Court.
Loading...