[Ord. No. 22.66, 10-6-2022; Ord. No. 23.33, 5-4-2023]
The purpose of the Board of Appeals is to hear and decide appeals
of orders, decisions or determinations made by the Building Official
relative to the application and interpretation of the building codes
adopted by the City of Osage Beach. An application for appeal shall
be based on a claim that the true intent of the code or the rules
legally adopted have been incorrectly interpreted, the provisions
of the code do not fully apply, or an equally good or better form
of construction is proposed. The Board shall not have the authority
to waive requirements of the codes.
[Ord. No. 22.66, 10-6-2022]
The Mayor shall make appointments to the Board of Appeals, with
the approval of the majority of the Board of Aldermen. The Board of
Appeals will have five (5) members and two (2) alternates who are
qualified by experience and training to pass on matters pertaining
to building construction and are not employed by the City of Osage
Beach. Expiring terms will be filled during the month of May. Terms
shall expire June 1. At the request of the Mayor or Building Official,
an alternate shall serve in the absence of or the disqualification
of any regular member. All members and alternates shall be removable
for cause by the Board of Aldermen upon written charges. Members shall
serve a term of five (5) years unless filling an unexpired term. The
Mayor shall specify the term expiration date at the time a member
is appointed. Expiring terms will be filled during the month of May.
Terms shall expire June 1.
[Ord. No. 22.66, 10-6-2022]
Whenever a vacancy in membership occurs, the City Building Official shall notify the Mayor and the Board of Aldermen of said vacancy and said vacancy will be filled for the unexpired term by appointment. The Mayor shall fill any vacancy that occurs on the Board of Appeals by the same manner as outlined in Section 500.270.
[Ord. No. 22.66, 10-6-2022]
Meetings will be posted and follow Chapter 610, RSMo. Conduct
of the meetings will be guided by the most recent edition Robert's
Rules of Order. The Board of Appeals shall elect its own Chairperson
who shall serve for one (1) year. Meetings of the Board shall be held
at the call of the City Building Official and at such other times
as the Building Official or the Board of Appeals may determine. Such
Chairperson, or in his/her absence the Acting Chairperson, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board shall keep minutes of
its proceedings, showing the vote of each member upon question, or,
if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the City Clerk and shall
be a public record. All testimony, objections thereto and rulings
thereon, shall be recorded in the minutes by the Building Department's
Secretary and filed in the City Clerk's office. A minimum of four
(4) members must be present to conduct a meeting.
[Ord. No. 22.66, 10-6-2022]
The Building Official shall be an ex officio of the Board of
Appeals but shall not have a vote on any matters before the Board.
The Building Official shall take immediate action in accordance with
the decision of the Board.
