Amend Sections 108 and 109. "Means of Appeal" and "Violation Penalties"
are hereby deleted and in lieu thereof the following is inserted:
APPLICATION FOR APPEAL (INTERNATIONAL FIRE CODE AND LIFE SAFETY
CODE)
Any person aggrieved by a decision of the Code Official shall have the right to appeal that decision to the Board of Adjustment established in Section
405.410 of the De Soto City Code.
An application for appeal shall be based on a claim that the
true intent of the International Fire Code or the NFPA 101 Life Safety
Code or the rules legally adopted hereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or that
the Code Official agrees that an equally good or better method of
fire prevention is used. The application shall be filed on a form
obtained from the Code Official within thirty (30) days after the
notice was served or the decision made by filing the application with
the Code Official and with the Board of Adjustment. The Code Official
shall forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from is taken.
The Board shall fix a reasonable time for hearing the appeal, provide
reasonable notice to the parties and decide the same within a reasonable
time.
MEETINGS — PROCEDURE
Meetings of the Board of Adjustment shall be held in compliance with Section
405.410 of the De Soto City Code.
BOARD DECISION
The Board of Adjustment may modify or reverse the decision of
the Code Official by the concurring vote of four (4) members of the
Board of Adjustment. Otherwise, the decision will be affirmed. The
Code Official shall take immediate action in accordance with the decision
of the Board of Adjustment.
COURT REVIEW
Appeals to the Circuit Court by any person aggrieved by a decision
of the Board of Adjustment shall be made in the manner and time required
by law following the issuance of the decision by the Board of Adjustment.
PENALTY FOR VIOLATIONS (INTERNATIONAL FIRE CODE AND LIFE SAFETY
CODE)
Any person, firm or corporation who shall violate any of the
provisions of this Chapter of the codes herein adopted, or who shall
fail to comply with any of the requirements thereof, or who shall
fail to comply with any order issued pursuant to any Section thereof
shall be guilty of a misdemeanor and, upon conviction, shall be punished
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
for a period not exceeding three (3) months, or by both such fine
and imprisonment, and court costs for each such offense. Each day
a violation exists or continues to exist shall be deemed a separate
offense.