(A) Establishment. There is hereby established a Board of Building Appeals to render decisions on appeals that the meaning and intent of the Building Code, Residential Code, Fire Code, Mechanical Code, Electrical Code or Property Maintenance Code are being incorrectly interpreted, the provisions of the applicable code do not fully apply or an equally good or better form of construction is proposed. The Board of Building Appeals shall also render decisions on appeals of the meaning or interpretation of municipal code sections pertaining to rental property inspections.
(B) Right of appeal. Any person shall have the right to appeal a decision of the Code Administrator (Code Official) to the Board of Building Appeals. An application for appeal shall be made in writing and submitted to the Code Administrator within 20 calendar days of the date of the decision of the Code Administrator which is being appealed.
(C) Membership.
(1) The Board of Building Appeals shall consist of three members, one member appointed by the Mayor, with advice and consent of the Village Board, one member chosen by the applicant and a third member mutually chosen by the Mayor and the applicant. The appointee of the Mayor shall not be the Village Engineer, an employee of the village’s consulting engineering firm or an employee of the village. The Board members shall be appointed within 30 days of an appeal being filed with the Code Administrator. Credentials of the chosen members shall be exchanged between the Code Administrator and the applicant within the 30-day period. If, within the 30-day period, the village and applicant have been unable to agree upon the third Board member, the two chosen members shall chose a qualified third member.
(2) If the two Board members are unable to reach agreement upon a third member, the Village Engineer shall appoint the third qualified member.
(D) Qualifications.
(1) For appeals pertaining to the Building Code, Residential Code, Mechanical Code, Electrical Code or Property Maintenance Code, each member of the Board shall be either:
(a) An architect licensed by the state;
(b) An engineer licensed by the state; and
(c) A journeyman, contractor or a superintendent of construction possessing a minimum three years experience in designing, building or installing the systems, equipment or types of construction which the appeal concerns.
(2) For appeals pertaining to the administration of § 150.006 of this chapter, each member of the Board shall be either:
(a) An attorney experienced in landlord-tenant affairs;
(b) A trained arbitrator; or
(c) A licensed social worker.
(E) Compensation of members. Compensation, if any is provided, shall be determined by the Board of Trustees. Compensation shall be based on the estimated or actual amount of time expended to hear the appeal and render a decision on the appeal, and the customary rates of compensation of the members.
(F) Chairperson. The Board shall select one of its members to serve as chairperson.
(G) Secretary. The Code Administrator shall designate a qualified clerk to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the Code Administrator.
(H) Procedure. The appellant, the appellant’s representative, the Code Administrator and any person whose interests are affected shall be given an opportunity to be heard. The Board shall not require compliance with strict rules of evidence, but shall require that only relevant information be received.
(I) Board decision. The Board shall concur in, modify or reverse the decision of the Code Administrator by a concurring vote of two members. The decision of the Board shall be reduced to writing, and mailed to the appellant within seven days of the hearing. The Code Administrator shall take immediate action in accordance with the decision of the Board.
(J) Court review. Any person, whether or not a previous party to the appeal, shall have the right to apply to the Circuit Court for a review of the Board’s decision.
(Prior Code, § 15-109) (Ord. 1582, passed 6-21-2010; Ord. 1615, passed 6-6-2011; Ord. 1652, passed 6-18-2012)