4-1A-6: BUILDING CONSTRUCTION BOARD OF APPEALS:
There is hereby created a board of appeals, consisting of three (3) members who are qualified by experience and/or training to pass upon methods pertaining to building construction. The board of appeals shall hear appeals from decisions of the building inspector or other city personnel pertaining to the issuance of permits for construction pursuant to the terms of this chapter as well as any other decisions relating to the constructing or renovation of structures within the city of Sidney.
   A.   Terms, Vacancies: The board shall be appointed by the city council for terms of three (3) years. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building inspector with a duplicate copy to the appellant. At its first regular meeting the board of appeals shall select one of its members as chairman. Vacancies shall be filled for the unexpired term of any member who no longer serves.
   B.   Rules And Regulations: Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall keep minutes of all its proceedings, which minutes shall be public record.
   C.   Appeals: Appeals to the board of appeals may be taken by any person aggrieved by the decision of any official or department of the city pertaining to matters affecting the permitting of construction or renovation of structures within the city. Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. Hearings on appeals shall be set at reasonable times, after notice to all parties and the public.
   D.   Appeal Stays Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed that a stay would, in the officer's opinion, cause imminent peril to life or property. In such case, proceedings from which the appeal is taken shall not be stayed otherwise than by restraining order from a court of record and on good cause shown.
   E.   Determining Of Appeal: The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination previously made, and to that end shall have all the powers of the officer from whom the appeal is taken.
The concurring vote of two (2) members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official from whom the appeal is taken.
   F.   Appeal From Decision Of The Board: Any person aggrieved by any decision of the board of appeals may present to a court of record a petition, duly verified, setting forth the grounds for appeal. Such a petition shall be presented to the court within thirty (30) days after the notice of filing of the decision of the board. Costs shall not be allowed against the board unless it shall appear to the court that the board acted with gross negligence, in bad faith, or with malice in making its decision.
   G.   Establishment Of Joint City-County Board Of Appeals: Nothing contained herein shall prevent the city from establishing in cooperation with Richland County a joint city-county board of appeals. (Ord. 553, 4-28-2014)