(A) Appeal of Building Official or Fire Code Official actions:
(1) Authority: The Building and Fire Code Appeals Board (the “Board”) shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this code.
(2) Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official.
(3) Procedure:
(a) A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of any decision being appealed. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Board.
(b) The appeal shall be considered by the Board at its next regularly scheduled meeting.
(c) The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official.
(d) If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days.
(4) Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met.
(B) Appeal of Board actions:
(1) Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation of the Board.
(2) Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation of the Board. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination, or interpretation of the Board.
(3) Procedure:
(a) A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Town Council.
(b) The Town Council shall consider the appeal at its next regularly scheduled meeting.
(c) The Town Council may confirm, reverse, or modify the action of the Board.
(4) Decision: The Town Council may affirm, reverse, or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented.
(5) Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4).
(Ord. 3 (2023) § 2)