Contractor.
Any person who installs, maintains, erects, constructs, enlarges,
alters, repairs, moves, improves, removes, converts or demolishes
any building or structure within the city. “Contractor”
shall also mean any master electrical contractor, state-licensed mechanical
contractor, state-licensed plumbing contractor, general contractor,
state-licensed lawn sprinkler contractor, house mover, state-licensed
fire sprinkler contractor, fire suppression contractor or septic system
installer, etc.
Person.
Any individual, firm or corporation.
(1991 Code, sec. 3.1401)
The appellate procedure shall be as follows:
(1) The
appeal shall be filed with the building official in writing within
thirty (30) days from the date of the decision of order appealed from.
Such appeal shall refer to the specific decision or order appealed
from and shall clearly state the appellant’s ground for appeal.
(2) Such
appeals shall be placed on the agenda of the board for 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,
tests or expert professionals that it deems necessary for adequate
decision of the appeal.
(3) When
an appeal has been filed by a tenant, the tenant shall provide written
authorization to the building official from the landlord or property
owner to proceed with the appeal.
(4) The appellant shall be required to pay a nonrefundable fee provided for in the fee schedule in chapter
1, article
1.50 of this code, per appeal at the time that the appeal application is submitted to the building official.
(5) The
building official shall transmit to the board all records and data
in their possession which are relevant to the appeal.
(6) All
orders or decisions made pursuant to this code which are appealed
from shall be stayed pending the final decision of the board. However,
if the building official certifies to the board that by staying such
order or decision a hazardous situation to life or property would
exist, then such order or decision shall remain in full effect pending
the final decision of the board.
(7) The
building official shall enforce and execute all decisions and orders
of the board.
(8) Any
party aggrieved by a decision or order of the board of appeals shall
have five (5) days to file a motion for rehearing setting out specific
grounds therefor. A motion for rehearing must be filed as a prerequisite
to appeal. The board shall give notice to all parties and act upon
such motion for rehearing at the earliest practical date, in no event
longer than thirty (30) days from filing.
(9) A
party aggrieved by the action of the board on the motion for rehearing
may appeal to any district court of the county by filing suit within
thirty (30) days from the date the board takes final action on the
motion for rehearing. The case before the district court shall be
tried under the “substantial evidence rule” and not under
the “trial de novo rule.”
(1991 Code, sec. 3.1405)