(a) An appeal from a decision, order or determination of the Code Official pertaining to the Building Codes or B.O.C.A. National Property Maintenance Code may be made by any aggrieved person having a material interest. Such appeal may be initiated by timely filing with the Finance Director or when a Council Clerk exists, then the Clerk, a written notice of appeal specifying the grounds thereof and by paying a fee of thirty-five dollars ($35.00). An appeal shall be deemed timely filed if filed within thirty days from the date the Code Official mailed or had mailed his or her notice of a decision, order or determination. In the event the person appealing should prevail, then the fee paid shall be refunded by the City.
(b) The Board shall fix a reasonable time and place for the hearing of the appeal, and give due notice thereof to the person filing the appeal and the Code Official. Upon receiving notice of the appeal, the Code Official shall transmit to the Board all papers constituting the record from which the appeal was taken.
(c) The appeal shall be limited in scope as to whether or not the Code Official abused his or her discretion or was unreasonable, arbitrary or capricious in his or her decision, or making of an order, or determination. The Board may merely affirm or reverse an order, decision or determination made by the Code Official.
(d) Appeals in regard to the Sign Code shall be taken and controlled by Section 1335.32.
(Ord. 052-06. Passed 6-5-06.)