There is hereby established a Board of Building Code Appeals, which shall consist of the members of the Board of Adjustment appointed under § 197-19.
Appeals pursuant to this chapter shall be taken to the Board
of Building Code Appeals as established and constituted in this chapter.
Any three members of the Board shall constitute a quorum. In
reversing or modifying the action of the Building Inspector or of
an application of the provisions of this chapter, an affirmative vote
of a majority of all members of the Board shall be required. A member
of the Board of Building Code Appeals shall not hear an appeal in
which that member has a personal, professional, or financial interest.
Appeals to the Board may be taken by any person aggrieved by
a decision of the Building Official or Commercial Architectural Review
Commission relative to the application and interpretation of this
chapter. An application for appeal shall be based on a claim that
the true intent of this chapter or the rules legally adopted within
this chapter have been incorrectly interpreted, the provisions do
not fully apply, or an equally good or better form of construction
is proposed. The Board of Building Code Appeals shall have no authority
to waive requirements of this chapter or the rules legally adopted
within this chapter. Such appeal shall be taken within 20 days by
filing, with the Building Official and with the City Manager of the
City of Lewes, a notice of appeal specifying therein the grounds of
the appeal, along with a fee of $1,250. Within five business days
following receipt of the notice of appeal, the Building Official shall
transmit to the City Manager of the City of Lewes all of the papers
constituting the record upon which the decision appealed from was
taken. The City Manager shall transmit said notice of appeal and record
to the Chairperson of the Board of Building Code Appeals. Not later
than 30 days following receipt of the notice of appeal and record
by the City Manager, the Board Chairperson shall set a time, date,
and place for the hearing of the appeal. All meetings of the Board
shall be open to the members of the general public. The Board shall
keep minutes and records of its proceedings, showing the evidence
received at the hearing, the vote of each member upon each question
considered or indicating the absence of a member or failure of a member
to vote, if such was the case.
The Board shall adopt rules of procedure in order to carry out
the intent of this chapter. The Board Chairperson or, in his or her
absence or disqualification, the Vice Chairperson, shall administer
oaths. Meetings of the Board shall be at the call of the Chairperson
or, in his or her absence or disqualification, the Vice Chairperson.
The Board shall appoint a qualified Clerk to serve as Secretary to
the Board. The Secretary shall file a detailed record of all proceedings
in the office of the City Manager.
An appeal under this chapter shall stay all proceedings in the
action appealed from unless the Building Official certifies under
oath to the Board within five business days after the notice of appeal
has been filed that, because of facts stated in the certificate, a
stay would, in his or her opinion, cause imminent peril to life or
property. If such a certificate is filed, proceedings shall not be
stayed unless a restraining order is granted by the Board or by a
court of competent jurisdiction on application and on due cause shown.
All decisions of the Board shall be in writing and shall be
reached without unreasonable or unnecessary delay. The Board shall
send a copy of its decision specifying the reasons therefor to the
appellant.
