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Any owner or other person who is aggrieved with a ruling or decision of the Building Official, in any matter relative to the interpretation or enforcement of any of the provisions of this chapter, may appeal the decision or interpretation.
The appeal shall be made to the Construction Board of Appeals.
(a) Powers and Duties of Board. In order that the provisions of this chapter may be reasonably applied and substantial justice done in instances where practical difficulties are apparent or undue hardship would result from carrying out the strict letter of this chapter, the Construction Board of Appeals is hereby empowered to hear such appeals. The duty of said Board shall be to consider appeals from the decision of the officials charged with the enforcement of this chapter, and to determine, in particular cases, whether any deviation from the strict enforcement of this chapter will violate the intent of this chapter and whether the public health and safety will be jeopardized.
(b) Filing of Appeals. Appeals from the rulings of the Building Official may be made to said Board within thirty days of the issuance of an order by the Building Official. Such appeal may be taken by any person aggrieved by any ruling or determination of any officer, department, board or commission of the City of Wayne. The appellant shall file with the Building Official and with the Board a notice of appeal specifying the grounds therefor. With each notice of appeal filed, there shall be paid a fee, as set forth in Section 210.06 of the Administration Code, to cover the City's cost of handling said appeal, provided that such fees may be returned or retained after the hearing, in the discretion of the Board. The Building Official shall forthwith transmit to the Board a summary report of all previous action taken. The Board may at its discretion call upon the Building Official to explain his or her action. The final disposition of such appeal shall be in the form of a resolution, either reversing, modifying or affirming, wholly or partly, the decision or the determination appealed from.
(c) Hearings. The Construction Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties and decide the same within a reasonable time. Within the limits of its jurisdiction, hereinabove prescribed, the Construction Board of Appeals may reverse or affirm, in whole or in part, the ruling which is being appealed, or may make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the power of the official from whom said appeal is taken.
(d) Decisions. The decision of said Board shall be final, unless an appeal therefrom to the Circuit Court of Wayne County is taken within twenty days from the date of the Board's decision.
(e) Meetings; Rules of Procedure; Records. The Construction Board of Appeals shall meet as required, but no more often than once a month, provided that there are pending appeals. There shall be a fixed place of meeting and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board, and the vote of each member upon each question considered.
(f) Notices. The Construction Board of Appeals may prescribe such notice to any interested person and the neighbors surrounding the structure or premises in connection with which the appeal is taken, as shall be deemed reasonable by said Construction Board of Appeals.
(g) Officers; Public Records. The Construction Board of Appeals shall elect from its membership a Chairperson and Vice-Chairperson. A Secretary, who shall be an employee of the City, shall be appointed, whose duty it shall be to maintain a permanent official record of all of the Board's transactions. Such records shall be public records.
(Ord. 1996-26. Passed 12-17-96.)