[Prior code § 14.12(A); amended by Ord. 217, 2002]
See Section 2.28.020 of this Municipal Code.
[Prior code § 14.12(B); amended by Ord. 217, 2002]
A.
The building Board of Appeals shall have the power to conduct investigations
into the necessity and desirability of existing and proposed regulations
and to hold public hearings on any matter relating to building construction
or safety. It shall from time to time make recommendations in writing
to the Village Board in reference to such local building regulations
as it may consider necessary or desirable.
B.
Any person aggrieved or the head of any department of the Village
may make an appeal to the building Board of Appeals from any decision
of the Building Inspector.
C.
An appeal may be taken within 30 days from the date of the decision
appealed, by filing with the Building Inspector and with the building
Board of Appeals, a notice of appeal, specifying the grounds thereof
together with payment of $100 to cover the cost of advertising the
hearing of such appeal, except in the case of a building or structure,
which, in the opinion of the Building Inspector, is unsafe or dangerous.
The Building Inspector may, in his order, limit the time for such
appeal to a shorter period. The Building Inspector shall forthwith
transmit to the Board of Appeals all papers upon which the action
appealed was taken.
[Prior code § 14.12(C); amended by Ord. 217, 2002]
A.
The building Board of Appeals, when so appealed to and after a public
hearing, may vary the application of any provision of this code over
which it has jurisdiction in its capacity as a building Board of Appeals,
in any case when, in its opinion, the interpretation of the Building
Inspector should be modified or reversed because incorrect.
B.
The decision of the building Board of Appeals to vary the application
of any provision of this code over which it has jurisdiction in its
capacity as a building Board of Appeals, or to modify an order of
the Building Inspector, shall specify in what manner such variation
or modification is made, the conditions upon which it is made, and
the reasons thereof.
[Prior code § 14.12(D); amended by Ord. 217, 2002]
A.
The building Board of Appeals shall, in every case, reach a decision
without unreasonable or unnecessary delay. Every decision of the building
Board of Appeals shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the office
of the Village Clerk and shall be open to public inspection. A certified
copy shall be sent by mail or otherwise to the appellant and a copy
shall be kept publicly posted in the office of the Building Inspector
for two weeks after filing.
B.
If the decision of the building Board of Appeals reverses or modifies
a refusal, order or disallowance of the Building Inspector it varies
the action immediately in accordance with such decision.
[Prior code § 14.12(E); amended by Ord. 217, 2002]
A person aggrieved by a decision of the board, whether previously
a part of the proceedings or not, or an officer of the Village Board
may, within 15 days after the filing of such decision in the office
of the Village Clerk, apply to circuit court to correct errors of
law in such decision.