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Sec. 6-17(1). An appeal to the board of appeals may be taken by any person aggrieved by any decision, act or ruling of the city building, electrical, plumbing and gas, and mechanical inspectors involving the interpretation of the building, electrical, plumbing and gas and mechanical codes or ordinances of this city, or by any decision, act, or ruling of the director of water involving the interpretation of any section of chapter 27 of the Tucson Code. Such appeal shall be made by filing with the secretary of the board, within ten (10) days of the date of the decision complained of, a notice of appeal specifying the grounds thereof. The secretary of the board shall immediately transmit a copy of such notice of appeal to the inspector or director of water whose action, ruling or decision is challenged. Upon receipt of such notice, the inspector or director of water shall forthwith transmit to the secretary of the board all papers which shall constitute the record upon which the action appealed from is taken. (Ord. No. 5718, § 3, 2-28-83; Ord. No. 8196, § 1, 1-24-94)
Sec. 6-17(2). The board shall hold a regular monthly meeting on the third Wednesday of each calendar month when there is pending business. The board shall hear appeals at its regular monthly meeting unless a special meeting is requested by the appellant at the time the notice of appeal is filed with the board's secretary. In such cases a special meeting shall then be held within five (5) days, exclusive of Saturdays, Sundays and holidays, after the notice of appeal is filed. (Ord. No. 4403, § 2, 10-13-75)
Sec. 6-17(3). All other matters, including the consideration of alternate materials and alternate types of construction normally shall be heard at the regular monthly meeting. However, a special meeting for any purpose may be called by the board chairman when he deems such meeting to be reasonably necessary or proper.
Sec. 6-17(4). The notice of appeal must be filed with the secretary of the board not later than the first day of the month, prior to the regularly scheduled monthly meeting for the matter appealed to be regularly heard at the meeting. In cases involving the use of alternate materials or alternate types of construction where tests are necessary, the time for hearing may be enlarged to permit the making of such tests. Reasonable notice shall be given by the secretary of the board to the appellant or applicant and to the inspector concerned of the time and place when any appeal shall be considered by the board. Any party may attend such hearings in person or by agent or attorney. The board shall decide any appeal immediately after the hearing, or within a reasonable time thereafter, but in no event shall the board keep an appeal under consideration for more than five (5) days after the hearing. After such notice and hearing, the decision of the board shall be filed with the secretary of the board. The board shall render its decision and findings in writing, with a copy to the inspector involved, and with a copy to the appellant or applicant; and the decision of the board shall be final.
(Code 1953, ch. 9, § 5; Ord. No. 2354, § 1, 10-15-62)
Whenever reference is made to the board of examiners and appeals in any of the ordinances or codes of the city, such reference shall mean the board of appeals created in this article.
(Code 1953, ch. 9, § 6; Ord. No. 2354, § 1, 10-15-62)
DIVISION 1.
BUILDING CODE*
BUILDING CODE*
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* Editors Note: Section 1 of Ord. No. 5531, adopted Mar. 22, 1982, repealed div. 1, §§ 6-29--6-55; and section 2 enacted a new div. 1, §§ 6-31--6-38. Formerly, div. 1 was derived from 1953 Code, ch. 9, §§ 7--14, 9--21, 24, 25; Ord. No. 2450, § 1, adopted May 6, 1963; Ord. No. 4871, § 2, adopted Sept. 5, 1978; and Ord. o. 4935, §§ 2--9, adopted Feb. 5, 1979.
Cross References: Technical division of administrative hearing office to have exclusive jurisdiction over alleged violations of building codes, § 28-4(1).
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