A Board of Building Appeals is hereby established to protect public health, and promote public safety, convenience, comfort, morals, prosperity, aesthetic values and general welfare, and to prevent exterior design of buildings that would have an adverse effect on adjacent and neighboring areas; to prevent building design that would be architecturally unsuitable; to encourage the aesthetic development of the community, protect the value of existing development and preserve the tax base of the City and also to grant the right of appeal to any person aggrieved by an order of a City officer in the enforcement of the Building Code and minimum housing standards or the issuance or denial of a permit or other justifiable cause.
(A) 
The Zoning Board of Appeals shall act as the Board of Building Appeals and shall hear all appeals under Article 16 of Chapter 22, Zoning, of the City Code.
(B) 
One of the members of said Board shall be designated by the Mayor, with the consent of the City Council of the City of Hometown, as Chairman of said Board and shall hold said office as Chairman until a successor is appointed.
(C) 
Regular meetings of the Board of Building Appeals shall be held once a month, special meetings may be held at the call of the Chairman and at such other times as the Board may determine. The Chairman of the Building Committee of the City Council shall be notified of the time and place of all meetings of the Board. All meetings of the Board shall be open to the public.
(D) 
The Board shall adopt its own rules of procedure with the advice and consent of the City Council, a copy of which and all recommendations thereto shall be filed in the office of the Building Commissioner.
(E) 
Board actions shall be by the affirmative vote of three Board members, and the Board shall keep minutes of all official meetings. The minutes of the Board shall be open to public examination during the business hours of the City. Copies of all findings, orders, and decisions of the Board shall be transmitted to the City Council for its information and records.
[Amended 4-25-2006 by Ord. No. 5-2006]
(A) 
An order of the Building Commissioner specifying a violation or violations will clearly indicate thereon the avenue of appeal open the violators. Appeals may be taken to the Board of Building Appeals by any person aggrieved by any decision of the Building Commissioner or other officers in the enforcement of the Building Code or minimum housing standards. Such appeal shall be taken within 30 days after the decision is rendered by filing with the City Clerk a notice of appeal specifying the grounds therefor, and by depositing with such Commissioner the sum of $25 as docket fee. If a decision appealed is affirmed, the docket fee previously deposited by the appellant shall be forfeited and the money shall be paid into the City treasury. If the decision appealed shall be reversed or modified, then said docket fee shall be refunded to the appellant.
(B) 
The City Clerk shall forthwith submit to the Board and Building Commissioner a copy of this notice of appeal, together with all the papers constituting the record upon which the action appealed from is taken.
The Board of Building Appeals shall fix a time and place for the hearing of appeals, not to exceed 30 days from the date of filing an appeal. Notice of the time and place of the hearing shall be sent by mail to the appellant or to his attorney of record and such hearing shall not be less than 10 days after the mailing of the notice.
(A) 
The Board of Building Appeals shall have jurisdiction under this code to hear appeals against any order, requirement, decision or determination made by the Building Commissioner or other City officers in the enforcement of the Building Code and the minimum housing standards. The Board may recommend to reverse or affirm wholly or partly, or may recommend to modify the order, requirement, decision, or determination appealed from and may recommend such order or requirement, decision or determination as ought to be made.
(B) 
The Board, on request, is empowered to review and approve or disapprove any specific plan for buildings and structures to be erected, moved into the City, remodeled or structurally altered in the City of Hometown, subject to final approval of the City Council.
(C) 
All applications for building permits that are a departure in appearance or structural principal from plans previously approved by the Board shall be referred to the Board and the City Council for approval before a permit is issued. It shall be the duty of the Board to examine all such plans for conformance with the Building Code and minimum housing standards.
(D) 
The action or recommendation of the Board shall be sent to the City Council within 10 days.
(E) 
The Board of Appeals shall act as a Building Committee under Article 11 of this chapter where no Building Committee is functioning under Article 11 filed in the Torrens office.
(F) 
No action of the Board shall become effective until approved by the City Council.
(G) 
The powers granted by this code to the Board shall be in addition to those conferred upon it by other ordinances. Any decision or action under this code shall be subject to review in any court of competent jurisdiction. In no case shall the appellant be liable for any expense or costs of surveys, investigations or hearings of the Board.
(A) 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner shall certify to the Board subsequent to the filing of any notice of appeal that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of any court of competent jurisdiction.
(B) 
It shall be the duty of the Building Commissioner to furnish the Board of Building Appeals with copies of reports of any or all inspections made by such officer in the matter on appeal and to furnish such other information as may be available to him and requested by this Board.