There is hereby established a board to be called the building
standards, plumbing, adjustments and appeals board (herein called
“the board”). Such board shall consist of eleven (11)
members. The members shall be composed of one (1) general contractor,
one (1) insurance agent, one (1) electrician, one (1) plumber, three
(3) members at large from the building industry and the fire marshal.
The city health officer, public works director and the building inspector
for the city shall be ex officio, nonvoting members. Said board shall
be appointed by the city council. The board will appoint a chairman
from its members.
(Ordinance 11-458, sec. 2, adopted 2/8/11)
Of the voting members appointed to the board, members shall
be appointed for staggered terms of two (2) years. Vacancies shall
be filled for an unexpired term in the manner in which original appointments
are required to be made. Continued unexcused absences (three [3] consecutive
meetings) of any member from regular meetings of the board shall,
by the recommendation of the board and at the discretion of the city
council, render any such member liable to immediate removal from office.
(1991 Code, sec. 3.302)
Five (5) voting members of the board shall constitute a quorum.
In varying the application of any provisions of this Code of Ordinances
or in modifying an order of the building official, affirmative votes
of the majority present, but not less than three (3) affirmative votes,
shall be required. No board member shall act in a case in which he
has a personal interest.
(1991 Code, sec. 3.303)
The public works director or a city employee in his respective
department designated by the public works director shall act as secretary
of the board and shall make a detailed record of all its proceedings,
which records shall set forth the reasons for the board’s decisions,
the vote of each member participating therein, the absence of a member,
and any failure of a member to vote.
(1991 Code, sec. 3.304)
The board shall establish rules and regulations for its own
procedures not inconsistent with the provisions of this article. The
board shall meet at regular intervals, to be determined by the chairman,
or in any event, the board shall meet within ten (10) days after notice
of appeal has been received.
(1991 Code, sec. 3.305)
(a)
Whenever
the building official or fire inspector shall reject or refuse to
approve the mode or manner of construction proposed to be followed,
or materials to be used in the erection or alteration of a building
or structure, or when it is claimed that the provisions of this code,
for which the board has jurisdiction, do not apply, or that an equally
good or more desirable form of construction can be employed in any
specific case or when it is claimed that the true intent and meaning
of this code or any of the regulations thereunder have been misconstrued
or wrongly interpreted, the owner of such building or structure, or
his duly authorized agent, may appeal from the decision of the building
official or fire inspector to the board. Notice of appeal shall be
made in writing and filed within thirty (30) days after the decision
is rendered by the building official or fire inspector.
(b)
In
case of a building or structure which, in the opinion of the building
official, is unsafe or dangerous, the building official may, in his
order, limit the time for such appeal to a shorter period.
(1991 Code, sec. 3.306; Ordinance 13-571, sec. 1, adopted 7/16/13)
(a)
The
board, when appealed to, shall conduct a hearing, and after such hearing
may recommend to the city council a variance to the application of
any provision of this Code of Ordinances to any particular case for
which the building official has authority to enforce when, in its
opinion, the enforcement thereof would do manifest injustice, and
would be contrary to the spirit and purpose of this Code of Ordinances
or the public interest, or when, in its opinion, the interpretation
of the building official should be modified or reversed.
(b)
A
decision of the board to recommend a variance to the application of
any provision of this Code of Ordinances or to modify an order of
the building official shall specify in what manner such variation
or modification is made, the conditions upon which it is made, and
the reasons therefor.
(1991 Code, sec. 3.307)
(a)
Every
decision of the board shall be final, subject, however, to such remedy
as any aggrieved party might have at law or in equity. The decision
shall be in writing and shall indicate the vote upon the decision.
Every decision shall be promptly filed in the office of the building
official, and shall be open to the public for inspection. A certified
copy of the decision shall be sent by mail or otherwise to the appellant.
(b)
The
board shall in every case reach a decision without unreasonable or
unnecessary delay.
(c)
If
a decision of the board reverses or modifies a refusal, order or disallowance
of the building official, or recommends variance to the application
of any provision of this Code of Ordinances, the building official
shall immediately take action in accordance with such decision.
(1991 Code, sec. 3.308)
(a)
Appeal procedure for appeals arising out of article 3.06 “electrical code”:
(1)
An appeal of an order or decision pursuant to article 3.06 shall be filed with the city secretary in writing within fifteen (15) days from the date of the decision or order being appealed. Such appeal shall be in duplicate, shall refer to the specific decision or order being appealed and shall clearly state the appellant’s ground for appeal. The city secretary shall notify the chairman of the board of all appeals filed pursuant to this section. Such appeals shall be placed on the agenda of the board for a hearing. The board shall notify all necessary parties of the date and location of the hearing. Parties may appear before the board in person, by agents, or by attorney. The board may require such additional data and tests it deems necessary for adequate decision of the appeal.
(2)
The appellant shall be required to pay a fee of twenty-five dollars
($25.00) per appeal, which fee shall be returned to the applicant
if the decision of the building official is reversed.
(3)
The building official shall transmit to the board all records and
data in his/her possession which are relevant to the appeal.
(4)
All orders or decisions made pursuant to article 3.06 which are appealed shall be stayed pending the final decision of the board. However, if the building official certifies to the board that by staying the order or decision a hazardous situation to life or property would exist, then such order or decision shall remain in full force and effect pending the final decision of the board.
(5)
The board shall have the power in all cases appealed to it to affirm, reverse or modify in whole or in part the decision or order which is appealed. No decision of the board shall vary or be inconsistent with the terms, provisions and requirements of article 3.06 “electric code.”
(6)
The building official shall enforce and execute all legal decisions
and orders of the board.
(Ordinance 13-571, sec. 2, adopted 7/16/13)
