§ 32.005 MODIFICATIONS AND VARIANCES BY BOARD; VOTE REQUIRED; CONFLICTS OF INTEREST.

   (A)   The Codes Appeal Board, when so appealed to and after a public hearing, may vary the application of any provision of a Technical Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of such code or the public interest, or when, in its opinion, the interpretation of the officer appealed from should be modified or reversed.

   (B)   A decision of the Codes Appeal Board to vary the application of any provision of a Technical Code, or to modify any notice or order of the officer appealed from, shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor; provided, that in varying the application of any provision of any Technical Code or in modifying any notice or order of the officer appealed from, affirmative votes of three members shall be required. No member of the Board shall pass upon any question in which he or she, or any corporation in which he or she is a shareholder, is interested.

(Prior Code, § 2-52)

§ 32.006 DECISIONS OF BOARD AND INFORMATION THEREOF AND ACTION THEREON.

   (A)   The Codes Appeal Board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the officer appealed from and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the officer appealed from for two weeks after filing.

   (B)   If a decision of the Codes Appeal Board reverses or modifies a refusal, notice, order, or disallowance of the officer appealed from, or varies the application of any provision of a Technical Code, the officer appealed from shall take action immediately in accordance with such decision.

(Prior Code, § 2-53)

§ 32.007 JUDICIAL REVIEW.

   Any person, including any city officer and the Common Council, whether previously a party to the proceeding or not, may, within 60 days after the filing of the decision of the Code Board of Appeal in the office of the officer appealed from, apply to the appropriate court to correct errors of law in such decisions.

(Prior Code, § 2-54)

POLK CREEK FLOOD CONTROL PROJECT BOARD

§ 32.020 ESTABLISHED; COMPOSITION; COMPENSATION OF MEMBERS.

   There is hereby established the Polk Creek Flood Control Project Board, which shall be composed of the Mayor, the City Clerk, a Council member appointed by the Mayor, and two persons appointed by the Common Council who shall not hold an elective or appointive office in the city government and who shall serve without compensation.

(Prior Code, § 2-55)

Statutory reference:

   Authority of city to maintain flood control projects, see W. Va. Code 8-16-1 et seq.

   Authority to place project under supervision of an appointed board, see W. Va. Code 8-16-4

§ 32.021 TERM OF MEMBERS; HOW VACANCIES FILLED.

   The two members of the Polk Creek Flood Control Project Board appointed by the Common Council shall serve on the Board for a term of two years, and one such member shall be appointed each year during the month of July. The other members of the Board shall serve for the duration of their respective offices. Vacancies shall be filled for an unexpired term in the same manner as the appointment.

(Prior Code, § 2-56)