(A) Right of appeal. Any owner or person who is aggrieved or affected by a order, ruling, decision or interpretation of an enforcing officer regarding matters as are within the jurisdiction of the Building 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 Building Commission shall file with the Building Inspector, as Secretary of the Building Commission, a notice of appeal. The notice or appeal must be filed and received by the Building 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 for the appeal and include or have attached a copy of the order, ruling, decision or interpretation, or a 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 Building Inspector shall be jurisdictional.
(C) Hearing and decisions. The Building 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 Building Commission shall be in writing and shall be promptly filed in the office at the Building 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 Building 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 requirement appeal from.
(E) Variance. A variance may not be granted by the Building 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 a 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 Building 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 Building Commission to vary the application of any provisions shall specify in what manner the variation shall be made, the condition upon which it is made and the reasons therefore.
(F) Determination of City Council. Any person appealing to the Building Commission may, within 14 days after the decision is tendered, file a request in writing with the Building Inspector that he or she transmit a copy of the decision to the City Council, which the Building 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, § 11.1805)