There is hereby established a Construction Board of Appeals,
which shall perform its duties and exercise its powers as provided
in Act 230 of the Public Acts of 1972, as amended, commonly known
as "Construction Code Act," in such a way that the objectives of this chapter shall
be observed, public safety secured, substantial justice done. The
Construction Board of Appeals shall consist of three members, and
three alternate members, who are appointed by and sit at the pleasure
of the Village President pursuant to MCLA § 125.1514.
A. A member of the Board of Appeals shall be qualified by experience
or training, to perform the duties of members of the Board of Appeals.
A person may serve on the Board of Appeals of more than one governmental
subdivision. One member may be a member of the Village Council. An
elected officer of the Village Council shall not serve as chairperson
of the Construction Board of Appeals. An employer or contractor of
the Village may not serve as a member or employee of the Village Construction
Board of Appeals. The total amount allowed the Construction Board
of Appeals in any one year as per diem or as expenses actually incurred
in the discharge of the duties shall not exceed a reasonable sum,
which sum shall be appropriated annually in advance by the Village
Council. Members of the Construction Board of Appeals shall be removable
by the Village Council for nonperformance of duty or misconduct in
office upon written charges and after public hearing. A member shall
disqualify himself or herself from a vote in which he or she has a
conflict of interest. The failure of a member to disqualify himself
or herself from a vote in which he or she has a conflict of interest
may constitute misconduct in office.
B. The term of each member shall be for two years. A successor shall
be appointed not more than one month after a given vacancy. All vacancies
for unexpired terms shall be filled for the remainder of the term.
C. The Village Construction Board of Appeals shall not conduct business
unless a majority of the members of the Board are present.
If the Village Building Department refuses to grant an application
for a building permit, or if the enforcing agency makes any other
decision pursuant or related to the Construction Code Act or the applicable
building, electrical, plumbing, or mechanical code, an interested
person or the person's authorized agent may appeal in writing
to the Construction Board of Appeals. The Construction Board of Appeals
shall hear the appeal and render and file its decision with a statement
of reasons for the decision to the Village of New Haven Clerk not
more than 30 days after submission of the appeal. Failure by the Board
of Appeals to hear an appeal and file a decision within the time limit
is a denial of the appeal for purposes of authorizing the institution
of an appeal with the State Construction Code Commission. A copy of
the decision and the reasons for the decision shall be delivered or
mailed, before filing, to the party taking the appeal.
The Village Council may from time to time prescribe and amend
by resolution a reasonable schedule of fees to be charged to applicants
for appeals to the Construction Board of Appeals. At the time the
notice for appeal is filed, said fees shall be paid to the Treasurer
of Village of New Haven.
An interested person, or the interested person's authorized
agent, may appeal a decision of the Construction Board of Appeals
in which the appeal meets the requirements as set forth in Section
16 of the Construction Code Act 230 of the Public Acts of 1972, as
amended, and also referenced as MCLA § 125.1516.