[Ord. No. 6817 § 1, 11-7-1994]
There is hereby established the City of Marshall, Missouri,
Board of Appeals. Said Board shall be authorized to hear any appeal
from a decision of the Building Official not within the jurisdiction
of the Zoning Board of Adjustment.
[Ord. No. 6817 § 2, 11-7-1994]
Any person shall have the right to appeal a decision of the
Building Official to the Board of Appeals. An application for appeal
shall be based on a claim that the true intent of the Code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of the Code do not fully apply, or an equally good
or better method of attaining the Code objective is proposed. The
application shall be filed on a form obtained from the Building Official
within twenty (20) days after the notice was served.
[Ord. No. 6817 § 3, 11-7-1994]
A. The Board of Appeals shall consist of three (3) members as follows:
The Chairman of the Code Enforcement Committee; the Fire Chief; and
the General Manager of the Marshall Municipal Utilities.
1.
Alternate Member. The City Administrator shall be the alternate
member who shall be called by the Board Chairman to hear appeals during
the absence or disqualification of a member.
2.
Chairman. The Board shall annually select one of its members
to serve as Chairman.
3.
Disqualification Of A Member. A member shall not hear an appeal
in which that member has any personal, professional or financial interest.
[Ord. No. 6817 § 4, 11-7-1994]
The Board shall meet upon notice from the Chairman, within ten
(10) days of the filing of an appeal, or at stated periodic meetings.
[Ord. No. 6817 § 5, 11-7-1994]
A. Open Hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the Building
Official and any person whose interests are affected shall be given
an opportunity to be heard.
B. Evidence. The Board's procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received.
[Ord. No. 6817 § 6, 11-7-1994]
When two (2) members are not present to hear an appeal, either
the Building Official, the appellant or the appellant's representative
shall have the right to request and receive a postponement of the
hearing. A new hearing shall be held within five (5) days.
[Ord. No. 6817 § 7, 11-7-1994]
A. The Board shall uphold, modify or reverse the decision of the Building
Official by a concurring vote of two (2) members.
1.
Resolution. The decision of the Board shall be by resolution.
Certified copies shall be furnished to the appellant and to the Building
Official.
2.
Administration. The Building Official shall take immediate action
in accordance with the decision of the Board.
[Ord. No. 6817 § 8, 11-7-1994]
Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a review. Application
for review shall be made in the manner and time required by law after
the filing of the decision in the office of the City Clerk.