[CC 1977 §8-4; Ord.
No. 2329 §§1 — 6, 12-9-1996]
A.
Appointment Of Members. The Board of Building and Engineering
Appeals shall consist of five (5) members who shall reside in the
64701 Zip Code and shall be appointed by the Mayor with the approval
of the Board of Aldermen. In addition, there shall be two (2) alternate
members appointed in the same way who shall serve in the absence or
disqualification of regular members. The first (1st) Board appointed
shall serve one (1) for one (1) year, one (1) for two (2) years, one
(1) for three (3) years, one (1) for four (4) years and one (1) for
five (5) years. Thereafter, members shall be appointed for terms of
five (5) years each. Alternate members shall serve for terms of three
(3) years. Any vacancy shall be filled for the period of the unexpired
term through appointment by the Mayor with the approval of the Board
of Aldermen.
[Ord. No. 3592, 7-5-2022]
B.
Chairman — Rules — Meetings. The Board shall
elect its own Chairman and Vice Chairman who shall serve for one (1)
year. The Board shall adopt rules and regulations to govern its proceedings.
Meetings of the Board shall be held at the call of the Chairman or
a majority of its members and at such other times as the Board may
determine. All meetings of the Board shall be open to the public.
The Board shall be open to the public. The Board shall keep minutes
of its proceedings showing the vote of each member upon every 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 filed in the office of the City Clerk and shall be a public
record. There shall be a record made of all testimony and objections
thereto and the Board shall cause minutes to be kept of its ruling
thereon.
C.
Quorum. The Board of Building and Engineering Appeals shall
be authorized to transact business upon the appointment of three (3)
members; no less than three (3) members shall constitute a quorum
to do business.
D.
Powers And Duties. The Board shall have the following powers:
1.
To determine questions of fact as to the acceptability and adequacy
of alternate materials, equipment, design and types of construction;
2.
To review the decision of the Building Official, Director of Public
Works, Director of Emergency Services, or other City official in the
interpretation of the International Building Code, International Residential
Code, International Plumbing Code, International Mechanical Code,
International Fire Code, International Fuel Gas Code, National Electric
Code, or the International Existing Buildings Code, International
Swimming Pool and Spa Code, International Property Maintenance Code,
or other related City ordinance specified in the appeal ordinance.
[Ord. No. 3237 §3, 8-5-2013; Ord. No. 3503, 8-3-2020]
3.
To grant modifications to the codes above-listed when strict performance
would create an undue hardship and when such modifications would assure
that substantial justice would be done in conformance with the spirit
and intent of the code provision being appealed.
4.
The Board shall have no authority to waive requirements of the International
Building Code, International Residential Code, International Plumbing
Code, International Mechanical Code, International Fire Code, International
Fuel Gas Code, National Electric Code, International Existing Buildings
Code, International Swimming Pool and Spa Code, or the International
Property Maintenance Code.
[Ord. No. 3237 §4, 8-5-2013; Ord. No. 3503, 8-3-2020]
E.
Procedure For Appeal. Appeals to the Board may be taken
by any person aggrieved by a decision of the Fire Chief in relation
to materials, equipment design and types of construction required
in their interpretation of the City Codes and standards. Such appeal
shall be taken within thirty (30) days of the application for any
action by the Fire Chief by filing with the officer from whom the
appeal is taken a written request for appeal specifying the grounds
thereon together with a filing fee. The City's actual costs for a
court reporter for the hearing will be billed to the applicant. These
fees will also be applied to dangerous building hearings and billed
against the subject property. The officer from whom the appeal is
taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. An appeal
shall stay all proceedings and furtherance of the actions appealed
from unless the officer from whom the appeal is taken certifies to
the Board after the notice of appeal is filed with him/her that a
stay would, in his/her opinion, cause immediately peril to life or
property. In such case proceedings shall not be stayed other than
by a restraining order that may be granted by the Board or by a court
of competent jurisdiction with notice to the officer from whom the
appeal is taken and on due cause shown. The Board shall fix a time
and place for the hearing on the particular points raised by the appeal
within ten (10) working days following receipt of same and decide
same within five (5) working days. A notice of the hearing shall be
mailed to the appellant's last known address at least five (5) days
prior to the date set for the hearing. At the hearing, any party may
appear in person or by agent or by attorney.
[Ord. No. 3503, 8-3-2020; Ord.
No. 3650, 5-1-2023]
F.
Board Decisions. Upon any decision of the Board, a copy
of the Board's decision shall be sent to the Director, Official or
Fire Chief who shall subsequently take such action as is deemed appropriate
by the Board. In no case shall the Board provide a general change
in the code and in no case shall the Board decide an appeal from an
action of the Board of Aldermen. A concurring vote of three (3) members
of the Board shall be necessary to effect a decision.
[Ord. No. 3503, 8-3-2020]
