Refunds. The code official shall authorize the refunding of
fees as follows:
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a.
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The full amount of any fee paid hereunder that was erroneously
paid or collected.
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b.
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When no work has been done under a permit issued in accordance
with this code, the code official shall retain $5 and refund the balance
of the fee paid, if any.
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The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
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Section 113. Means of Appeal.
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Section 113.1 Application for appeal. Any person shall have
the right to appeal a decision of the code official to the City Manager
or, in his absence, Assistant City Manager. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good
or better form of construction is proposed. The application shall
be filed on a form obtained from the code official within 20 days
after the notice was served.
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Section 113.2 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 10 days of the filing of
an appeal.
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Section 113.3 Open hearing. All hearings shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard.
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Section 113.3.1 Procedure. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
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Section 113.4 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
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Section 113.5 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
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Section 113.5.1 Written decision. The decision of the City Manager
shall be in writing.
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Certified copies shall be furnished to the appellant and to
the code official.
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Section 113.5.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
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Section 113.6 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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Violations, penalties. Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense, punishable in accordance with § 1-8 of the Cushing City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
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Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $75 or more than the maximum fine provided in § 1-8 of the Cushing City Code.
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Refunds. The code official shall authorize the refunding of
fees as follows:
| ||
a.
|
The full amount of any fee paid hereunder that was erroneously
paid or collected.
| |
b.
|
When no work has been done under a permit issued in accordance
with this code, the code official shall retain $5 and refund the balance
of the fee paid, if any.
| |
The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
|
Section 112. Means of Appeal.
| |
Section 112.1 Application for appeal. Any person shall have
the right to appeal a decision of the code official to the City Manager
or, in his absence, Assistant City Manager. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good
or better form of construction is proposed. The application shall
be filed on a form obtained from the code official within 20 days
after the notice was served.
| |
Section 112.2 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 10 days of the filing of
an appeal.
| |
Section 112.3 Open hearing. All hearings shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard.
| |
Section 112.4 Procedure. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only relevant
information be received.
| |
Section 112.5 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
| |
Section 112.6 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
| |
Section 112.6.1 Written decision. The decision of the City Manager
shall be in writing.
| |
Certified copies shall be furnished to the appellant and to
the code official.
| |
Section 112.6.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
| |
Section 112.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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