Chapter 2.14
BOARD OF APPEALS
Sections:
2.14.020 Organization – Term of office – Official act.
2.14.040 Procedures required of the board.
2.14.050 Failure to appeal – Scope of hearing – Stay of order.
2.14.010 Board of appeals.
(1) In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the building code of the town of Concrete, there shall be and is hereby created a board of appeals.
(2) The board of appeals shall consist of three members who are qualified by experience and training to pass upon matters pertaining to building construction. Members shall not be employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary but shall have no vote upon any matter before the board.
(3) The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. [Ord. 538, 2004]
2.14.020 Organization – Term of office – Official act.
(1) The term for all positions on the board shall be for three years and shall expire on June 30th of the last year of the term. The first year of the board’s existence one member shall be appointed for one year. One member shall be appointed for two years. One member shall be appointed for three years.
(2) No person shall serve more than two consecutive terms, provided a person appointed to fill a term of less than three years is eligible to serve two successive three year terms. The expiration date of the terms of the positions on the board shall be staggered so not more than one position expires in the same year.
(3) Before undertaking the duties as a voting member of the board, each appointee shall subscribe to an oath, to be filed with the clerk-treasurer, that he/she will faithfully and impartially consider and determine matters in hearing before the board, and in the event that he shall have personal interest in or be connected with the matters or parties involved, he shall disqualify himself and decline to serve or participate in the specific hearing.
(4) The board shall appoint one of its members to serve as hearing examiner to conduct the hearings.
(5) The board of appeals shall have no authority relative to the interpretation of the administrative provisions of the town of Concrete building code, nor shall the board of appeals be empowered to waive requirements of the town of Concrete building code.
(6) The board shall have no authority to consider or determine any matter arising under the zoning or land use ordinances. [Ord. 538, 2004]
2.14.030 Appeal procedures.
(1) The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official.
(2) Any person aggrieved by any notice and order issued by, or any rule made by, the building official shall have the right to appeal to the board.
(3) An appeal shall be initiated by filing with the clerk-treasurer a written appeal within 30 days of the date of the notice and order or other action appealed; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404 of the 1997 Uniform Code for the Abatement of Dangerous Buildings, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official.
(4) A person appealing any notice and order issued by, or any ruling made by, the building official must rule a written statement setting forth:
(a) A heading in the words: “Before the building code board of appeals of the town of Concrete.”
(b) A caption reading: “Appeal of ______,” giving the names of all appellants participating in the appeal.
(c) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(d) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
(e) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed, modified, or otherwise set aside.
(f) The signatures of all parties named as appellants and their official mailing addresses.
(g) A verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(5) Upon the filing of a written appeal, the clerk-treasurer shall promptly notify the building official and the hearing examiner of such filing and transmit to them a true copy of the written appeal. [Ord. 538, 2004]
2.14.040 Procedures required of the board.
(1) Within a reasonable time after receiving the written appeal, the board shall fix a date, time and place for the hearing of the appeal by the board. Said date shall be not less than 10 days, except with the written consent of the appellant, nor more than 60 days from the date of the appeal was filed with the clerk-treasurer.
(2) Written notice of the time and place of hearing shall be given at least 10 days prior to the date of the hearing to each appellant, except where the appellant has waived said 10-day requirement, either by causing a copy of said notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address as shown on the written appeal. [Ord. 538, 2004]
2.14.050 Failure to appeal – Scope of hearing – Stay of order.
(1) Failure of any person to file an appeal 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 other ruling, or to any portion thereof.
(2) Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(3) Except for vacation orders and stop-work orders, enforcement of any notice and order, or other ruling of the building official, issued under a code or ordinance from which appeal to the board is available, shall be stayed during the hearing of an appeal which is properly and timely filed. [Ord. 538, 2004]
2.14.060 Enforcement.
After any order of the board of appeals becomes final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. [Ord. 538, 2004]