(A) (1) The Building Official, as defined pursuant to an ordinance adopted by the City Council on October 4, 1982, and recorded in Ordinance Book 2 at Page 263, shall for all purposes continue to be the person authorized by the City Council to act as the administrator in the day-to-day application of all building and housing standards adopted by the city’s ordinance of February 7, 1983, as found in Ordinance Book 2 at Page 266, and of the Building Code provisions therein, and herein contained and set forth.
(2) A Building Board of Appeals shall be created consisting of five members appointed by the City Council. Such Board shall consist of individuals with a practical knowledge and/or expertise in the areas of construction, architecture, electrical and plumbing systems, and sanitation. Each member shall be appointed for the following terms: one for a term of one year, two for a term of two years, and two for a term of three years. Thereafter, as their terms expire, each new appointment should be for a term of three years. Any vacancy should be filled for the unexpired term only. A Board member may be removed for official misconduct or neglect of duty by action of City Council upon presentation of written charges. The Board shall organize and elect a Chairperson and Vice-Chairperson from its membership and should prescribe rules for the conduct of its affairs in accordance with applicable law.
(3) The Building Board of Appeals shall hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of any ordinance of regulation adopted pursuant to this subchapter. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and so that in the end shall have all the powers of the officer or board from whom the appeal is taken.
(4) The procedure for an appeal to the Building Board of Appeals shall be as follows.
(a) Any appeal from the requirements of this subchapter shall be taken within ten days from the date of receipt of the order of the Building Official(s) by filing with the officer from whom the appeal is taken and with the Building Board of Appeals, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Building Board of Appeals copies of all of the documents in the officer’s possession regarding the action upon which the appeal is taken.
(b) The appellant shall, at the time of filing his or her appeal, pay the enforcing officer a fee of $25, or other amount deemed appropriate by the Municipal Court, to defray or help defray the cost of required advertising and other expenses.
(c) Each appeal shall be tried on its merits at a public hearing. Notice of such appeal shall be given by publishing in a newspaper of general circulation in the city and in accordance with the applicable law. The Building Board of Appeals shall give additional notice as required by law to all parties in interest, and they may adjourn the hearing for the purpose of giving such further notice.
(d) The Building Board of Appeals shall sit and decide each appeal within a reasonable time and notice thereof shall be given to all parties interested. The decision of the Building Board of Appeals shall be immediately filed in the place designated for the keeping of its records. In the exercise of its functions upon such appeals, the Building Board of Appeals may, in conformity with law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as in its opinion be made.
(e) Any person aggrieved by any decision of the Building Board of Appeals may appeal therefrom, within 30 days, to the County Circuit Court as provided by the laws of the state.
(B) Code Appeals Board.
(1) The city will utilize a “State Building Code” appeals board instead of a separate appeals board for each national code adopted in § 150.001 and further described in this chapter. This Board may also be referred to as Code Appeals Board. Code Appeals Board shall mean the board which hears appeals stemming from the State Building Code.
(2) The city may adopt one or more appendices of these national codes that are not included in the State Building Code. The city will make that determination to adopt appendices at a later date.
(Ord. passed 10-4-1993; Ord. passed 7-28-2021)