(A) When sitting as the Board of Appeals for any of the town’s codes governing building construction or fire safety, the Building Advisory Board shall hear and decide appeals from final orders, decisions, or determinations as to the application and interpretation of those codes.
(B) Procedures.
(1) Any person, or that person’s representative, directly aggrieved by a final order, decision or determination related to the town’s codes governing building construction or fire safety may file a written appeal within 15 working days of that order, decision, or determination. A person directly aggrieved is one of the following:
(a) A person or entity to whom or which an order, decision, or determination is given or at whom or which it is directed; or
(b) An owner or resident of real or personal property immediately adjacent, within 150 feet on any side, to the specific real property affected by such an order, decision or determination.
(2) A hearing shall be held within 14 days of the filing of the appeal. Notice of the place, date and time of the hearing shall be given to the appellant no less than seven days prior to the hearing.
(3) The appeal shall be based on a claim that the true intent of one of the town’s construction or fire safety codes has been incorrectly interpreted, the provisions of that code do not fully apply, or in the case of building construction code interpretations, an equally good or better form of construction is proposed and should be allowed.
(4) The appellant shall have the burden of proof. If the appellant fails to appear at the hearing without good cause, the Board of Appeals shall dismiss the appeal.
(5) The Building Advisory Board may affirm or reverse, wholly or partly, or modify the order, decision or determination appealed.
(6) The Building Official or the appellant may appeal a determination of the Building Advisory Board to the Town Council by submitting a written appeal to the Town Clerk within seven calendar days after the determination is announced.
(7) If an appeal is made to the Town Council, no action shall be taken until such appeal is resolved. If an appeal is not made within the appeal period, the determination of the Building Advisory Board shall be implemented immediately.
(C) If there is any conflict between the procedures for appeals set forth in this subchapter and any construction or fire code adopted by the town, the procedures set forth in this subchapter shall govern irrespective of the date of adoption.
(Ord. 660, passed 9-9-04; Am. Ord. 842, passed 1-23-14)