The Board of Standards and Appeals shall have the power to vary or modify the provisions of this code except those sections which are provisions of the State Code, or within the Downtown Overlay Zone as designated in Chapter 331, where the Planning Board shall have authority.
The owner of a building which has been designated
as unsafe by the Building Official shall have the right to appeal
to the Board of Standards and Appeals, except in cases of emergency.
In all cases, any variation or modification granted
by the Board of Standards and Appeals, City of New Rochelle, shall
not be less restrictive than the provisions of the Code or any other
county, state or federal law.
Membership of Board. The Board of Standards and Appeals
shall consist of five members appointed by the Mayor for one- , two-
or three-year terms, plus the Building Official, ex officio (without
vote).
Selection and qualifications of Board members. Each member shall be a licensed professional engineer or architect or a builder or superintendent of building construction, each of at least 10 years' experience, five years of which shall have been in responsible charge of work; and at least one of the members shall be a professional engineer with a structural or architectural engineering background. The present Board members shall continue to serve their unexpired terms. In the event that several appointments are to be made simultaneously, the Mayor may appoint members to differing terms of office as per Subsection B(1) above so that a continuity of policy and familiarization is attained.
Absence of members. During the absence of a member
by reason of disability or disqualification, the appointing officer
may designate a qualified substitute.
Exemption of members. No member of the Board shall
pass on any question in which he is engaged as contractor or material
dealer, or in the preparation of plans or specifications, or in which
he has any personal interest, directly or indirectly.
Notice of meeting. The Board shall meet upon notice
of the Chairman or at stated periodic meetings if warranted by the
volume of work. In cases of an appeal from an unsafe designation,
the meeting shall be held within three days of notice of the Chairman.
Meetings. All meetings and hearings shall be public.
In the case of a hearing of a complaint or appeal, all interested
parties shall be given an opportunity to be heard.
Action of Board. When an appeal is made to the Board,
the Board shall declare no jurisdiction or affirm, modify or reverse
the decision of the Building Official by a concurring vote of three
members.
Resolutions of Board. Every action of the Board shall
be by resolution, and certified copies shall be furnished to the appellant,
in the case of appeal only, and to the Building Official.
Determining vote. Failure to secure three concurring
votes of an appeal shall be deemed a confirmation of the decision
of the Building Official, except that the appellant shall be entitled
to further hearing before a full Board if there were not five qualified
members present when the vote was taken.
Enforcement of decision. The Building Official may
take immediate action in accordance with the decision of the Board
and shall have the power to enforce said decisions in accordance with
the provisions of this code.
Court review. Every decision of the Board shall be
subject to review as provided in Article 78 of the Civil Practice
Law and Rules. Such appeal may be taken by any person aggrieved or
by any officer, department, board or bureau of the City.[1]