(a) Appeals.
(1) Any person, municipal officer or official or any public body aggrieved by any action of the Building Official may take an appeal to the Residential Building Code Board of Appeals.
(2) An appeal from any action of the Building Official may be taken within thirty days from the date of the decision appealed by filing with the Building Official and with the Board a notice of appeal, specifying the grounds therefor except that in the case of a building or structure which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may in his order limit the time for such appeal to a shorter period. The Building Official shall forthwith transmit to the Board all the papers upon which the action appealed from was taken.
(b) Hearings and Reviews. All hearings before the Board shall be open to the public. The Board shall give notice to the Building Official and other interested parties as the Board shall direct and shall give notice to the public by posting, publishing or otherwise as the Board shall deem appropriate. At the hearing, any party whose interests are affected may appear in person or by his or her agent or attorney and shall be given an opportunity to be heard.
(c) Postponed Hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(d) Modifications and Variations by the Residential Building Code Board of Appeals.
(1) The Board, when so appealed to and after a public hearing, may vary the application of any provision of this Building Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirt and purpose of this Building Code or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed.
(2) A decision of the Board to vary the application of any provision of this Building Code, or to modify an order of the Building Official, shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor.
(e) Decision of the Residential Building Code Board of Appeals.
(1) The decision of the Board shall be by resolution.
(2) The Board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Department of Engineering and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and the Building Official and a copy shall be kept publicly posted in the office of the Department of Engineering for two weeks after filing.
(3) If a decision of the Board reverses or modifies a refusal, order or disallowance of the Building Official, or varies the application of any provision of this chapter, the Building Official shall take action immediately in accordance with such decision.
(f) Appeals from Decisions of the Residential Building Code Board of Appeals. Any person aggrieved by a decision of the Board, whether previously a party to the proceeding or not, or any municipal officer or official board of the City, may apply to the appropriate court to correct errors of law in such decisions. Application for review shall be made to the proper court of jurisdiction within fifteen days after the filing of the Board’s decision in the office of the Department of Engineering Services.
(Ord. 03-154. Passed 10-14-03.)