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.
[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.