[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.