(A) General. The provisions of this section shall govern appeals of the decisions of the Building Code Administrator.
(B) Application for appeal. The Village Zoning Board of Appeals shall function as the Board of Appeals for appeals of the Building Code Administrator. Any person shall have the right to appeal to the Zoning Board of Appeals from a decision of the Building Code Administrator refusing to grant a modification to the provisions of the IBC or IRC covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure, or electrical, plumbing, mechanical or other equipment therein, or the refusal to grant a building permit or a certificate of use and occupancy, or the improper issuance of a stop work order. An application for appeal shall be based upon the claim that the true intent of the IBC and IRC or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of the IBC and IRC do not fully apply, or an equivalent form of construction can be used.
(C) Procedure of the Board. The Board shall adopt and make available to the public through the secretary, procedures under which a hearing shall be conducted. The procedure shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The procedure shall require that no Board member shall be qualified to hear any case in which he or she has a financial interest or in which he or she is related by blood or marriage to the appellant.
(D) Postponed hearing. When a quorum is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request postponement of the hearing.
(E) Board decision. The Board may modify or reverse the decision of the Building Code Administrator only by a concurring vote of a majority of its members holding office. The decision of the Board shall be in writing. Certified copies of the decision shall be furnished to the appellant and the Code Administrator. The Code Administrator shall take immediate action in accordance with the decision.
(F) Administrative review. Decisions of the Zoning Board of Appeals shall be reviewable by the Circuit Court of the Seventh Judicial Circuit in the county, in accordance with provisions of the Illinois Code of Civil Procedure relating to administrative review.
(Prior Code, § 156.006) (Ord. 2007-016, passed 5-21-2007)