A. Form of Appeal. Any person having any record title or legal interest in the building may appeal from any notice and order or any action of the building official under this chapter by filing at the office of the building official within thirty (30) days from the date of service such notice and notice, a written appeal containing:
1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;8.100.760
2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
4. The signatures of all parties named as appellants and their official mailing addresses;
5. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the building official shall transmit said appeal to the secretary of the housing code advisory and appeals board who shall calendar it for hearing as follows:
1. If the appeal is received by the building official not later than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at said meeting.
2. If the appeal is received by the building official on a date less than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at the next subsequent meeting of the board.
C. Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
D. Appeal Fee. The building official may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, housing board compensation, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The building official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s). (Prior code § 49.11.1107)