Section 113 of the IBC pertaining to the board of adjustments
and appeals (herein called the “board”) is amended by
the addition thereto of the terms of this part.
(Ordinance 16-12, sec. 2, adopted 11/28/16)
Three (3) members of the board shall constitute a quorum. In
varying the application of any provisions of this code 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.
(2005 Code, sec. 15.1.06)
The building official shall make a detailed record of all board
proceedings, which record 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.
(2005 Code, secs 15.1.07)
The board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of this chapter. The
board shall meet at such intervals as may be required by its function,
on the call of the mayor, [or] the chairman, or, in any event, the
board shall meet within ten (10) days after notice of appeal has been
received by filing as hereinbelow provided.
(2005 Code, sec. 15.1.08)
(a) Whenever the building official 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 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 to the board. Notice of appeal shall be made in writing and filed with the city secretary within thirty (30) days after the decision is rendered by the building official. An administrative fee shall accompany such notice of appeal, which shall be made on a form provided by the building official, in the amount prescribed by the fee schedule in appendix
A of this code.
(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.
(2005 Code, sec. 15.1.09)
(a) The
board, when appealed to, shall conduct a hearing, and after such hearing
may vary the application of any provision of this code to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose of this
code 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 vary the application of any provision of
this code 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 reason therefor.
(2005 Code, sec. 15.1.10)
(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
and a copy shall be publicly posted in the office of the building
official for two (2) weeks after the filing thereof.
(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 varies the application of
any provision of this code, the building official shall immediately
take action in accordance with such decision.
(2005 Code, sec. 15.1.11)