(A) Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The fee for an application of appeal of $50 is to be paid at the time application is filed and shall be non-refundable.
(B) Membership of the Board. The Board of Appeals shall consist of a minimum of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The Board shall be appointed by the President of the Village Board of Trustees, and shall service staggered and overlapping terms as follows: one for five years, one for four years, one for three years, one for two years, and one for one year. Thereafter, each new member shall serve for five years or unit a successor has been appointed.
(1) Alternate members. The chief appointing authority shall appoint a minimum of two alternate members who shall be called by the Board of Appeals Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership. Alternate members shall be appointed for five years or until a successor has been appointed.
(2) Chairman. The Board shall annually select one of its members to serve as Chairman.
(3) Disqualification of member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.
(4) Secretary. The Building and Zoning Director shall serve as Secretary to the Board. The Secretary shall file detailed record of all proceedings in the office of the President of the Village Board of Trustees, and in the office of the code official.
(C) Notice of meeting. The Board shall meet upon notice from the Chairman, with ten days of the filing of an appeal, or at state periodic meetings.
(D) Open hearing.
(1) All hearings before the Board shall be open to the public. The appellant, that appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the Board membership.
(2) Procedure. The Board shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information is received.
(E) Postponed hearing. When the full Board is 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.
(F) Board decision. The Board shall modify or reverse the decision of the code official by a concurring vote of three members.
(1) Resolution. The decision of the Board shall be by resolution. Certified copies shall be furnished to the appellant and the code official.
(2) Administration. The code official shall take action within five working days in accordance with the decision of the Board.
(G) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filling of the decision in the office of the chief administrative officer.
(H) Stays of enforcement. Appeals of notice and orders (other than imminent damager notices) shall stay the enforcement of the notice and order until appeal is heard by the Appeals Board.
(Ord. 1806, passed 2-5-2018)