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10-3-5: APPEAL:
   A.   Filing Notice Of Appeal: Any person aggrieved by the action of a building official may appeal from any notice, order or action of such official by filing at the Office of Development Assistance a written appeal application. The appeal application should contain a brief statement setting forth the legal interest of the appellant. The appeal application should also contain a brief statement in ordinary language of the specific order or action protested, together with any material facts claimed to support the position of the appellant, and a brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or set aside.
   B.   Limitations On Authority: An appeal application shall be based on a claim that the true intent of the codes or rules legally adopted pursuant to this title have been incorrectly interpreted, or that the provisions of said codes and rules do not fully apply, or that an equally or more valid form of construction is proposed. The Board of Building Appeals shall not have authority to waive the requirements of said codes and rules.
   C.   Time To File Appeal: The appeal application shall be filed within thirty (30) days from the date upon which the order, decision or notice of the building official occurred.
   D.   Hearing Date: The Board shall meet as needed, within twenty one (21) days of the filing of an appeal application. Written notice of the time and place of the hearing shall be given to each appellant by the Secretary of the Board.
   E.   Waiver Of Appeal Rights: Failure of any person to file an appeal application in accordance with the provisions of this chapter shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof.
   F.   Issues On Appeal: Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal application.
   G.   Matters Stayed Pending Appeal: Except for vacation orders, enforcement of any notice or order of the building official issued under any code shall be stayed during the pendency of an appeal application which is properly and timely filed. (2001 Code § 18-3-105; amd. Ord. 19-11, 2-27-2019)