[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 3-2-1998 by Ord. No. 254
(Ch. 5-09 of the 1980 Code). Amendments noted where applicable.]
There is hereby created the Construction Board of Appeals, hereinafter
called the “Board.” The Board shall consist of three members,
appointed by the Township Supervisor with the approval of the Township Board
of Trustees. No Township officer or employee shall serve on the Board. In
making appointment the Supervisor shall consider integrity, impartiality and
knowledge of building construction.
A.
Members of the Board shall serve for three-year terms,
provided that the persons first appointed shall serve for one-, two- and three-year
terms so that one term will expire each year. Terms will start on January
1.
B.
The Board shall select from among its members a Chair,
Vice Chair and Secretary.
Members of the Board shall be paid on a per-meeting basis as determined
by resolution of the Township Board of Trustees.
Any person aggrieved by any decision of the Building Code Inspector
such as the building, electrical, plumbing, or mechanical inspectors, may
appeal in the manner provided in this section.
A.
Appeal to Building Official. Within five business days
of the decision complained of, the person making the appeal shall file a written
notice of appeal to the Township Building Official. The Township shall provide
a form to assist those making appeals. The notice of appeal may be filed by
delivering it to the Building Official or the office of the Building Official.
The Building Official shall decide the appeal within 10 business days. If
the person making the appeal asks for an informal meeting, the Building Official
shall schedule an informal meeting, within three business days’ notice
by telephone or mail to the person making the appeal. If the Building Official
has an informal meeting with the aggrieved person, a decision will be made
within 10 business days after the informal meeting.
B.
Written decisions. All decisions of the Building Official
under this section shall be in writing.
C.
Appeal to Board. Any person aggrieved by a decision of the Building Official pursuant to Subsection A may, within five business days of the decision, further appeal to the Construction Board of Appeals. The appeal shall be stated by filing a written notice of appeal with the office of the Building Official. The Township shall furnish a form to persons desiring an appeal.
D.
Fee. The person making an appeal to the Construction
Board of Appeals shall pay a fee to the Township in an amount set by resolution
of the Township Board of Trustees for appeals to the Construction Board of
Appeals.
E.
Written information. A written description of the appeal
procedure shall be available in the office of the Building Official.
F.
Hearing to be scheduled; notice. When a notice of appeal
to the Construction Board of Appeals is filed, the Secretary of the Board
shall be notified, and the Secretary shall schedule a hearing within 10 business
days. Notice of the time, place and subject matter of the hearing shall be
given to the person making the appeal, the Building Official, the specific
inspector whose decision is involved and each member of the Board.
G.
Referral to other board. If the dispute appears to be
under the jurisdiction of the Zoning Board of Appeals, the Planning Commission
or any other board, the secretary of the board shall inform the person filing
the appeal that he or she may apply for relief from such other board or commission.
The Construction Board of Appeals may defer action while such other board
is studying the action. The Construction Board of Appeals may on its own motion
refer any appeal to any such board, deferring action until the other board
reaches a decision.
H.
Prompt decisions. If the matter is not referred to another
board, the Construction Board of Appeals shall render its decision in writing
no later than 30 days after the appeal is taken. It must also keep an indexed
record of its decision open for public inspection.
The decision of the Construction Board of Appeals hereunder shall be
a final administrative decision, and no provision of any ordinance of the
Township shall be interpreted as permitting a further administrative appeal
to the Township Board of Trustees or to any other Township board or commission.
Nothing in this section shall be interpreted as preventing a request to the
Township Board to amend any ordinance, a request through the appropriate channels
for a change in a zoning classification, or an application for relief from
a court.
