A.
The owner of a building or structure or any other
person may appeal from a decision of the Plumbing Official refusing
to grant a modification of the provisions of this code covering the
manner of construction or materials to be used in the erection, alteration
or repair of a plumbing system to the Wicomico County Plumbing Board.
B.
Application for appeal. Application for appeal may
be made when it is claimed that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply or an equally good
or better form of construction can be used.
A.
There is created a Wicomico County Plumbing Board
which shall administer appeals under the provisions of this chapter.
B.
The Board shall consist of five members, residents
of this county and citizens of the United States, and shall be appointed
by the County Executive and confirmed by the County Council. One member
shall be appointed for a one-year term, two members shall be appointed
for two-year terms and two members shall be appointed for three-year
terms. Thereafter, members shall be appointed for terms of three years.
[Amended 10-17-2006 by Bill No. 2006-11]
C.
Appointments to fill a vacancy occurring otherwise
than through the expiration of a term shall be for the unexpired term.
D.
Every member of the Board shall receive a commission
of his appointment from the County Executive.
[Amended 10-17-2006 by Bill No. 2006-11]
E.
The Wicomico County Executive may remove any member
of the Board for misconduct, incompetence, neglect of duty or for
any other sufficient cause in the sole discretion of the County Executive.
[Amended 10-17-2006 by Bill No. 2006-11]
F.
The Board shall annually elect a President and a Secretary-Treasurer.
No member of the Board shall receive any compensation for the duties
provided in this chapter. The members shall be reimbursed for all
actual and necessary traveling expenses incurred in carrying out the
provisions of this chapter.
G.
Powers and duties.
(1)
The Board may adopt and amend all rules and regulations
not inconsistent with the Constitution, laws and ordinances of this
state and county and of cities which may be reasonably necessary for
the proper performance of its duties and the regulations of the proceedings
before it.
(2)
In carrying into effect the provisions of this chapter,
the Board, under the hand of its President and the seal of the Board,
may subpoena witnesses and compel their attendance and also may require
the production of papers or documents in any case involving the revocation
of registration or practicing or offering to practice without registration.
(3)
Any member of the Board may administer oaths or affirmations
to witnesses appearing before the Board.
(4)
If any person refuses to obey a subpoena so issued
or refuses to testify or produce any books, papers or documents, the
Board may present its petition to the Circuit Court for Wicomico County
setting forth the facts. Thereupon the court shall, in a proper case,
issue its subpoena to such person requiring his attendance before
such court and there to testify or produce such papers and documents
as may be deemed necessary and pertinent by the Board.
(5)
Any person failing or refusing to obey the subpoena
or order of the court may be proceeded against in the same manner
as for refusal to obey any other subpoena or order of the Circuit
Court.
H.
Receipts and expenditures.
(1)
All money received by the Board shall be paid monthly
to the Director of Finance and shall be credited to the general fund
of the county.
(2)
All disbursements made by the Board for salaries,
expenses or other authorized expenditures shall be paid by the Director
of Finance, out of funds appropriated by the County Council for such
purpose.
[Amended 10-17-2006 by Bill No. 2006-11]
(3)
The Secretary-Treasurer of the Board shall give surety
bond to the county in such sum as the County Executive may determine.
The premium on such bond shall be regarded as a proper and necessary
expense of the Board.
[Amended 10-17-2006 by Bill No. 2006-11]
(4)
The Board may make expenditures of this fund for any
purpose which is reasonably necessary for the proper performance of
its duties under this chapter.
[Amended 10-17-2006 by Bill No. 2006-11]
I.
Records.
(1)
The Board shall keep a record of its proceedings.
(2)
The records of the Board and the Plumbing Official
shall be prima facie evidence to the proceedings of the Board set
forth therein. A transcript thereof, duly certified by the Secretary-Treasurer
of the Board, under seal, shall be admissible in evidence with the
same force and effect as if the original were produced.[1]
[1]
Editor's Note: Former Subsection I(3), which
immediately followed and required submission of a fiscal report, was
repealed 10-17-2006 by Bill No. 2006-11.
A.
Notice of meetings. The Board shall meet upon notice
of the Chairman within 10 days of the filing of an appeal or at stated
periodic meetings if warranted by the volume of work.
B.
Public hearing. All hearings shall be public, and
the appellant, his representative, the official of the jurisdiction
and any other person whose interests may be affected by the matter
on appeal shall be given an opportunity to be heard.
C.
Adjourned meeting. When four qualified members are
not present to consider a specific appeal, either the appellant, the
Plumbing Official or their representatives may request a postponement
of the hearing.
D.
Action of Board. The Board shall affirm, modify or
reverse the decision of the Plumbing Official by a concurring vote
of four members.
E.
Resolutions of Board. Every action of the Board shall
be by resolution, and certified copies shall be furnished to the appellant
and to the Plumbing Official.
F.
Determining vote. Failure to secure three concurring
votes shall be deemed a confirmation of the decision of the Plumbing
Official, except that the appellant shall be entitled to further hearing
before a full Board if there were not three qualified members present
when the vote was taken.
G.
Enforcement of decision. The Plumbing Official shall
take immediate action in accordance with the decision of the Board.
H.
Court review. Any person aggrieved by a decision of
the Board of Appeals, whether or not a previous party to the decision,
or any officer or official board of the jurisdiction may apply to
the appropriate court for a writ of certiorari to correct errors of
law in such decisions. Application for review shall be made to the
proper court of jurisdiction within 15 days after the filing of the
Board's decision in the office of the Plumbing Official.
