[R.O. 2008 §110.150; Ord. No. 4882 §1, 5-14-1990]
There is hereby created and established a Board of Code Appeals which shall consist of five (5) members and two (2) alternate members who shall be electors of the City and who shall have the same qualifications for office as are required of members of the Council.
[R.O. 2008 §110.160; Ord. No. 4882 §1, 5-14-1990]
The members of such Board of Code Appeals shall be appointed by the Mayor, subject to confirmation of the City Council. One (1) member shall be appointed to serve a one (1) year term; two (2) members shall be appointed to serve a two (2) year term; and two (2) members shall be appointed to serve a three (3) year term. Each of the two (2) alternate members shall be initially appointed to a one (1) year term and shall be designated as "first alternate" or "second alternate". All appointments shall be made effective from the same date and annually, thereafter, the Mayor shall appoint as before, or reappoint members whose terms have expired, to three (3) year terms of office, including the alternate members. Appointments to fill unexpired terms of members or alternates shall be for the remainder of the term. Members and alternates shall serve until their successors are appointed, confirmed and qualified.
[R.O. 2008 §110.170; Ord. No. 4882 §1, 5-14-1990]
At the first (1st) regular meeting of the Board and annually thereafter, the Board shall elect one (1) of its members as President and another as Vice President.
[R.O. 2008 §110.180; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5337 §1, 8-14-1995]
The Board shall have the power to adopt such rules of procedure and by-laws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Article, which are not inconsistent with the laws of the State or ordinances of the City.
The rules shall fix the time and place for regular meetings of the Board; however, the President of the Board may call special meetings by providing notice to each member at least twenty-four (24) hours prior to such meeting. All meetings of the Board shall be open to the public and conducted in compliance with Chapter 610, RSMo.
The Board shall appoint a Secretary, who shall keep the minutes of all proceedings of the Board which shall show the vote of each member upon each question. The Secretary shall keep records of all official actions of the Board and all minutes and records shall be kept and filed in the office of the City Clerk and shall be open to the public.
Three (3) members or alternate members shall constitute a quorum of the Board. If one (1) member is absent, the first alternate shall be designated as a voting member; if the first alternate is also absent, the second alternate shall be designated as a voting member. If two (2) members are absent, both the first and second alternates shall be designated voting members. Every determination by the Board, in order to carry, must be decided by a quorum of the Board and must receive the affirmative vote of not less than three (3) members of the Board.
No member or alternate member of the Board shall take part in any hearing or determination in which they have a personal or financial interest.
[R.O. 2008 §110.190; Ord. No. 4882 §1, 5-14-1990]
The Mayor may, by and with the consent of the City Council, remove any member or alternate member for misconduct or neglect of duty. The unexpired term of any member or alternate member who shall be so removed, or who shall resign or for any other reason cease to be a member of the Board, shall be filled by appointment in the same manner as described in this Article. No member or alternate member shall receive compensation for his/her services on the Board of Code Appeals.
[R.O. 2008 §110.200; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5337 §1, 8-14-1995; Ord. No. 5353 §1, 10-16-1995]
The Board of Code Appeals shall have power and authority to make rulings, findings and determination in the following situations:
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination by an employee of the City in the application or enforcement of any provision of the Maryville Building Code, Maryville Construction Code, Maryville Electrical Code, Maryville Heating Code, Maryville Housing Code, Maryville Plumbing Code, Maryville Fire Prevention Code, Maryville Dangerous Building Code, or any other ordinance related to the provision of the foregoing City Codes.
To authorize upon appeal in special cases, variances from the terms, conditions or obligations imposed by the Codes and ordinances described in Subsection (1), above, as will not be contrary to the public interest, health, safety or general welfare, where owing to special conditions, literal enforcement and strict application of the provisions of said codes and ordinances would result in unreasonable or unnecessary hardship.
To issue opinions and/or advise the City Council on such matters as pertain to the application and enforcement of provisions of the codes and ordinances referred to in Subsection (1), above, including recommendations as to amendments or revisions of such codes and ordinances.
To make rulings and determinations for the advice of the Code Enforcement Officer or other employee on any matters which are not specifically mentioned in the codes or ordinances referred to in Subsection (1), above, or which are mentioned only in non-specific terms in such codes or ordinances and which are relevant to the application or enforcement of such codes and ordinances.
To hear and decide all matters referred to or upon which it is required to pass under such codes and ordinances referred to in Subsection (1), above.
To inspect or cause to be inspected any building, land or premises involved in any case properly before it, provided however, that notice of such inspection by the Board shall be given to the parties involved prior to the inspection, that the parties are given an opportunity to be present during the inspection; and that the Board shall state for the record upon completion of the inspection, the material facts and conditions observed and the conclusions drawn therefrom. The parties shall be granted the right to rebut or explain the matters reported on by the Board.
[R.O. 2008 §110.210; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5337 §1, 8-14-1995; Ord. No. 6575 §§1 — 2, 8-18-2003; Ord. No. 6586 §§1 — 2, 9-15-2003]
Jurisdiction. Any person aggrieved, or any City Official, Department, Board or agency affected by any ruling, decision or inspection of the Code Enforcement Officer or other representative of the City in connection with any matter relative to the application, interpretation or enforcement of any of the provisions of the codes and ordinances referred to in this Article, may appeal such ruling, decision or interpretation to the Board of Code Appeals. The Board shall also hear matters on which jurisdiction is granted it, pursuant to Chapters 505 and 530 of the Municipal Code of the City of Maryville.
Filing. Such appeal shall be filed at the office of the Department of Public Works within thirty (30) days from the date of service of such ruling, decision or interpretation. Failure of any person to make a timely appeal in accordance with the provisions of this Section shall constitute a waiver of their right to an administrative hearing and adjudication of the subject ruling, decision or interpretation by the Code Enforcement Office or other representative of the City.
Fees. The filing fee for such appeal shall be one hundred twenty-five dollars ($125.00) plus the cost of mailings. The filing fee shall accompany the appeal and shall not be refundable.
Form Of Appeal. The appeal shall be in written form and shall state each of the following:
A heading in the words: "Before the Board of Code Appeals of the City of Maryville, Missouri."
A caption reading: "Appeals of." or other appropriate caption, giving the names of all appellants participating in the action.
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
A brief statement in ordinary and concise language of that specific order or action protested or variance sought, together with any material fact claimed to support the contentions of the appellant. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside, or why the variance should be granted.
The signatures of all parties named as appellants and their official mailing addresses.
The verification by declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.
Processing Of Appeal.
Upon notification of the filing of any appeal or the filing of any petition pursuant to this Section, the Code Enforcement Officer or other representative of the City shall forward to the Board members in a timely manner the record upon which the action appealed from was taken, together with the written appeal form. Said record shall be provided prior to the date of any hearing scheduled in accordance with this Section.
Subject to specific legislation to the contrary, including Sections 505.060(D) and 530.070(D) of the Municipal Code of the City of Maryville, which shall prevail over the language of this particular Subsection, an appeal under this Section shall stay all proceedings and further action from which the appeal is taken unless the City Manager or his/her authorized representative certifies facts to the Board that a stay is likely to cause immediate danger to life or property. In such case, the proceedings and furtherance of the action from which the appeal is taken shall not be stayed except by a restraining order granted by the Board or a restraining order granted by a court of competent jurisdiction.
Schedule And Notice.
[Ord. No. 7211 §1, 5-10-2010]
As soon as practicable after receipt of the appeal from the Code Enforcement Officer or his/her authorized representative, the Board shall fix a date and place for the hearing of the appeal by the Board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date of filing of the appeal with the Department of Public Works. Written notice of the time and location of the hearing shall be served upon each appellant and/or the record owner of the property involved in the hearing. Additionally, one (1) copy shall be served on each of the following if known to the Board of Code Appeals or disclosed from the land records of the Recorder of Deeds of Nodaway County, Missouri:
The holder of any mortgage, deed of trust or other lien or encumbrance of record;
The owner or holder of any lease or record;
The holder of any other estate or legal interest of record in or to the building or the land on which it is located; and
Any tenant in possession of the premises.
Said notice shall be given by the Secretary of the Board by either causing a copy of the said notice to be delivered personally or by mailing a copy of such notice by certified mail, postage prepaid, to each such person at his/her address as it appears on the last equalized assessment roll of Nodaway County or as known to the Board of Code Appeals. Such notice shall be served or received at least fourteen (14) days prior to the hearing date. If no such address of such person so appears or is known to the Board of Code Appeals, then notice may be given by publication in a newspaper qualified to publish legal notices at least fourteen (14) days prior to the hearing date, specifically addressed to the person for whom no address is known and to all other persons having an interest in the structure or real estate, to appear before the Board of Code Appeals at the date and time specified. Except for hearings under Chapter 505 or Chapter 530, notice shall additionally be given to the owners of record of any property adjoining the property which is the subject of the hearing.
Conduct Of Hearing. The Board shall consider all information, documents and testimony presented at the public hearing and then render a decision based thereon which may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appeals from, and may modify the order, requirement, decision or determination as is deemed proper or grant the relief sought. The hearing need not be conducted according to the applicable rules of evidence as applied by judicial bodies in the State of Missouri; provided however, that a fair and impartial forum is provided at which each party shall have the right to:
Call and examine witnesses on any matter relevant to the issues of the hearing;
Introduce documentary and physical evidence;
Cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
Impeach any witness regardless of which party first called him\her to testify;
Rebut the evidence against him\her; and
Represent himself\herself or be represented by anyone of his\her choice who is lawfully permitted to do so.
Decision Of Board. Except for hearings under Chapter 505 or Chapter 530, in which case the requirements of their particular Chapters shall apply as to decisions by the Board, the Board shall render a decision within thirty (30) days from the date on which the appeal was filed, and such decision shall be made by resolution which shall incorporate findings of fact, a determination of the issues presented, the reasons for the decision, the requirements to be complied with, and the vote of each member participating in the decision. A copy of the resolution shall be delivered to the appellant personally or sent to him/her by certified mail, postage prepaid,. The effective date of the decision shall be as stated in the resolution. All decisions of the Board shall require the affirmative vote of not less than three (3) members of the Board. Where a contested case is heard before the Board, no member thereof who did not hear the evidence shall vote or take part in the decision.
[Ord. No. 7211 §1, 5-10-2010]
[R.O. 2008 §110.220; Ord. No. 4882 §1, 5-14-1990]
An appeal from any action, decision, interpretation, ruling, judgment or order of the Board may be taken by any person or persons jointly or severally, or by any taxpayer, or any Officer, department, board or official of the City to a court of competent jurisdiction.