(A) Board of Appeals. In order to provide for final interpretation of the provisions of this subchapter and to hear appeals provided for hereunder, there is hereby established a Board of Appeals, which shall be the Common Council. If the Building Inspector is not a member of the Common Council, the Building Inspector shall be an ex officio member.
(B) Filing an appeal. Any person may appeal from any notice and order or action of the Common Council (not acting as a Board of Appeals) under this subchapter by filing, at the office of the Municipal Finance Officer within ten days from the date of service of such order, a written appeal containing:
(1) A brief statement of the specific order or action protested, together with any material facts claimed to support the contentions of the person appealing;
(2) A brief statement of the relief sought and reasons why it is claimed that the protested order or action should be reversed, modified, provided for compliance time, or set aside; and
(3) The signature(s) and addresses of the appellant(s).
(C) Processing of appeal. Upon receipt of any appeal filed in this subchapter, the Municipal Finance Officer shall present it at the next regular or special meeting of the Common Council for action by the Board of Appeals.
(D) Scheduling and noticing appeal for hearing.
(1) As soon as practicable after receiving the written appeal, the Municipal Finance Officer shall fix a date, time, and place for the hearing of the Common Council, acting as a Board of Appeals.
(2) Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the Municipal Finance Officer by causing a copy of such notice of hearing to be delivered to the appellant personally or by mailing a copy thereof by certified or registered mail, postage prepaid, return receipt requested (or by comparable means, in the event of postal changes), and addressed to the appellant at his or her address as shown on the appeal.
(E) Failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this subchapter shall constitute a waiver of his or her right to administrative hearing and adjudication of the notice and order, or any portion thereof.
(F) Scope of hearings on appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing on the appeal.
(G) Staying order under appeal. Enforcement of any notice and order of the Common Council issued under this subchapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(H) Inspection of premises. The Common Council, acting as a Board of Appeals, or a hearing examiner appointed by the Board, may inspect the building, structure, or premises involved in the appeal during the course of the hearing, provided that:
(1) Notice of such inspection shall be given to the party(ies) before inspection is made;
(2) The party(ies) is/are given an opportunity to be present during the inspection; and
(3) The Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board.
(I) Form of decision. The decision of the Board of Appeals shall be in writing and shall contain the findings, a determination of issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant(s) personally or sent by certified or registered mail, postage prepaid, return receipt requested (or comparable mailing in the event of postal changes). The effective date of the decision shall be stated therein.
(Prior Code, § 4.0708) (Ord. 411, passed 9-2-1992)