1305.04  APPEALS.
   (a)   When any person is adversely affected by a determination of the Safety Service Director or Fire Chief in administering or enforcing any provision of these Codified Ordinances, and when the person is authorized to appeal the determination of the Safety Service Director or Fire Chief to the Board of Building Appeals by any provision of these Codified Ordinances, the Board of Building Appeals is charged with the duty to hear, investigate and decide such appeals. 
   (b)   Appeals shall be in writing and set forth the name, address and phone number of the appellant and a statement of the grounds for such appeal.  Only those issues or matters specifically raised by the appellant shall be considered by the Board of Building Appeals. 
   (c)   Appeals shall be filed with the Clerk of Council within thirty (30) days after receipt of the determination of the Safety Service Director or Fire Chief, along with the fee required by any other provision of these Codified Ordinances or, if no fee is required by any other provision of these Codified Ordinances, the fee established by resolution of Council from time-to-time.  Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Board of Building Appeals and a failure to exhaust administrative remedies. 
   (d)   Upon receipt of the appeal, the Clerk of Council shall set a date, not to exceed thirty (30) days, for a hearing before the Board of Building Appeals.  Upon setting the hearing, the Clerk of Council shall notify the appellant of the date, time and place by sending written notice of the hearing by United States regular mail, at least seven (7) days prior to the hearing, to the address for appellant contained in the appeal.
   (e)   At the hearing before the Board of Building Appeals, the Safety Service Director or Fire Chief shall first present the reason(s) for his or her determination to the Board of Building Appeals.  The appellant shall then be given the opportunity to be heard and to show cause as to why the order of the Safety Service Director of Fire Chief should be modified or dismissed or why a variance should be granted.  The burden of proof is on the appellant to show why the determination of the Safety Service Director or Fire Chief should be modified or dismissed or why a variance should be granted. 
   (f)   After the hearing, the Board of Building Appeals shall affirm, disaffirm, modify or dismiss the determination of the Safety Service Director of Fire Chief by a majority vote of the members present.  Alternatively, if it clearly appears to a majority of the members of the Board of Building Appeals present that, by reason of special conditions, undue hardship would result from the strict application of any provision of these Codified Ordinances, the Board of Building Appeals may permit a variance from the mandatory provisions thereof in such a manner that the public safety shall be secured, substantial justice done and the spirit of the provisions of these Codified Ordinances upheld.
   (g)   The appellant shall be notified within ten (10) days of the hearing, in writing, of the decision of the Board of Building Appeals by sending the decision by United States regular mail to the appellant's address as provided in the appeal. 
   (h)   If the appellant or his/her representative does not appear for the hearing to present his/her position, the appeal shall be dismissed and the provisions of these Codified Ordinances shall be enforced. 
   (i)   The proceedings before the Board of Building Appeals shall be recorded and its decisions shall be set forth in writing. 
(Ord. 19-011.  Passed 3-27-19.)