(A) Right of appeal. Any owner or person who is aggrieved or affected by an order, ruling, decision or interpretation of an enforcing officer regarding matters as are within the jurisdiction of the Electrical Commission may appeal the order, ruling, decision or interpretation as herein provided.
(B) Initiation of appeal. An owner or person desiring to appeal to the Electrical Commission shall file with the Electrical Inspector, as Secretary of the Electrical Commission, a notice of appeal. The notice of appeal must be filed and received by the Electrical Inspector within 14 days from the date of the enforcing officer’s order, ruling, decision or interpretation from which appealed. The notice of appeal must specify the specific grounds or reasons or the appeal and include or have attached a copy of the order, ruling, decision or interpretation, or part thereof, appealed from. A copy of the notice of appeal, together with all attachments, shall also be provided to the enforcing officer but a failure to serve the notice upon the enforcing officer shall not be jurisdictional. Timely filing of the notice of appeal with the Electrical Inspector shall be jurisdictional.
(C) Hearing and decision. The Electrical Commission shall, in every case, hold a hearing. The Commission shall, at the hearing, consider all pertinent information presented by the enforcing officer and the owner or person appealing. A decision shall be reached without unreasonable or unnecessary delay. Every decision of the Electrical Commission shall be in writing and shall be promptly filed in the office of the Electrical Inspector and the enforcing officer. A copy of the decision shall be sent by mail or otherwise delivered to the owner or person appealing. If a decision of the Commission reverses the order, ruling, decision or interpretation of the enforcing officer, the enforcing officer shall take action immediately, in accordance with the decision.
(D) Action taken in decision. In rendering its decision, the Electrical Commission may take whatever action it deems appropriate under the circumstances. The actions may include, but shall not necessarily be limited to, affirming or reversing the decision of the enforcing officer, modifying the order, ruling decision or interpretation of the enforcing officer, rendering its own order, ruling, decision or interpretation or granting, if so requested, a variance from the applicable requirements appealed from.
(E) Variance. A variance may not be granted by the Electrical Commission except after a public hearing. Public notice of the hearing to grant a variance shall be published not less than 15 days nor more than 30 days before the hearing in a newspaper published within the city. The costs of publication shall be paid in advance by the owner, or person, seeking the variance. The applicable provisions sought to be varied shall not be varied unless, in the opinion of the Electrical Commission, the enforcement thereof would result in practical difficulty or unnecessary hardship, provided that the spirit of the applicable provision shall nevertheless be observed, public health, safety and welfare secured and substantial justice done. A decision of the Electrical Commission to vary the application of any provisions shall specify in what manner the variation shall be made, the conditions upon which it is made and the reasons therefore.
(F) Determination of City Council. Any person appealing to the Electrical Commission may, within 35 days after the decision is tendered, file a request in writing with the Electrical Inspector that he or she transmit a copy of the decision to the City Council, which the Electrical Inspector shall do forthwith. The determination of the Commission shall automatically be final unless the determination is appealed to the City Council and is reversed by a two-thirds vote of the members of the City Council within 14 days after the decision is first presented to the City Council.
(1980 Code, § 11.1705)