1. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the North Liberty Building Code, or appeals of orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of the North Liberty Fire Code, there is hereby established a Board of Appeals consisting of five (5) members who are residents of North Liberty and qualified and experienced in training to pass on matters pertaining to building construction and/or fire prevention who are not employees or officials of the City. The terms of office for the members of the Board shall be staggered five-year terms, such that only one regular term expires each year so as to provide continuity in policy and personnel. Each term shall commence on July 1. The Board of Appeals shall be appointed by the Mayor with City Council approval.
2. Any person affected by any written notice or order of the Building Official or Fire Code Official may appeal to the Board of Appeals. The appeal must be made in writing and filed with the office of the City Clerk within seven (7) days of the written notice or order from which the appeal is taken. The Board of Appeals shall have no authority to waive the requirements of the Building Code or the Fire Code.
3. The Board of Appeals shall conduct a hearing following the filing of a written notice of appeal within the established time limits. The Board shall set a time and place for the hearing. Notice of such hearing shall be posted and be open to the public in compliance with the Iowa open meetings law. The applicant will be advised, in writing of such time and place of hearing at least seven (7) days prior to the date of the hearing. At the hearing, the applicant shall have an opportunity to testify and present evidence to show cause why the notice or order should be modified, extended or revoked. The Board of Appeals may sustain, overrule, modify or revoke a notice or order. A hearing may be continued from time to time for good cause at the request of the applicant, City or the Board. The burden of proof shall be on the applicant.
4. This section supersedes the establishment of an appellate board in the building code and related codes incorporated by reference in the Section 157.02.