(b)
The
five members of this board shall hold places 1 through 5, each to
be appointed to two-year terms. Each councilmember shall be entitled
to appoint one member to the board, to the place corresponding to
the numbered place of the nominating councilmember.
(d)
Vacancies
shall be filled for the unexpired term of any member, whose place
becomes vacant for any reason, in the same manner as the original
appointment.
(e)
The
members of this board should be qualified by experience and training
to pass upon matters pertaining to building construction and who are
not employees of the City of Richland Hills.
(f)
Until
such time as the building board of appeals is appointed as provided
by this section, or at any time there shall not be enough duly appointed
members to constitute a quorum to meet to hear an appeal to this board,
city council shall serve as the building board of appeals.
[Ord. No. 1234-12, § 1, 9-11-2012; Ord. No. 1255-13, § 6, 10-1-2013]
The chair and vice chair of the board shall be selected as provided in section 10-10 of this chapter.
[Ord. No. 1234-12, § 1, 9-11-2012; Ord. No. 1255-13, § 7, 10-1-2013]
(a)
Meetings.
The building board of appeals shall meet at such times as determined
advisable by the building board of appeals.
(b)
Rules
of procedure.
(1)
Any party adversely affected by a decision of the chief building
official or the chief building official's designee with regard to
interpretation or application of a building code adopted by the city
may appeal such decision to the building board of appeals by filing
written notice of such appeal to both the chief building official
and the city secretary within ten business days of notice of such
adverse decision. The notice of appeal must state the appellant's
desire to appeal, the ruling from which the appellant desires to appeal
and the relief or ruling sought. The building board of appeals, by
the affirmative vote of a majority of the members then present and
voting, may reverse or modify the decision of the chief building official
or the chief building official's designee. If a majority does not
vote to reverse or modify the decision being appealed, it will be
deemed affirmed. The decision of the building board of appeals concerning
an appeal under this article shall be final. The decision being appealed
shall be suspended pending such appeal, unless the chief building
official or the chief building official's designee determines that
such suspension endangers the public health and safety, in which case
the filing of a notice of appeal shall not act to suspend the decision
of the chief building official or the chief building official's designee.
(2)
Any appeal shall be governed by the following rules and procedures:
a.
Such appeal shall be set as an item on the agenda of the next meeting
of the building board of appeals.
b.
The appellant shall bear the burden of persuasion that the ruling
being appealed is in error and shall bear the burden of proof on such
matter.
c.
No formal testimony or swearing of witnesses shall be required, and
the building board of appeals may consider facts or evidence as it
determines is appropriate. The chief building official or the chief
building official's designee shall present the facts and evidence
relied upon by the chief building official or the chief building official's
designee and the reasons for the ruling; the appellant shall then
have an opportunity to present the facts and evidence relied upon
by the appellant; the building board of appeals shall then consider
any facts or evidence from the public or other interested persons.
The building board of appeals may ask questions of the chief building
official or the chief building official's designee, the appellant,
and any other interested persons as the city council determines is
appropriate. The building board of appeals may limit the time for
any presentation in its sole discretion.
(3)
Upon the conclusion of the hearing, the building board of appeals
shall then render its decision. A majority of the members present
and voting shall be required in order to reverse or modify the decision
being appealed.
(4)
Written documents or evidence which any party wishes to submit must
be filed with the chief building official and to the city secretary
no less than three business days prior to the appeal hearing.
(5)
Meetings shall be posted and open to the public.
(c)
Quorum.
Three members, regular or alternate, shall constitute a quorum
for the transaction of business.
(d)
Voting.
All regular members shall be entitled to vote except for the
mayor who shall only vote in the event of a tie. In the event that
a regular member is absent, an alternate member shall be entitled
to vote.
[Ord. No. 1234-12, § 1, 9-11-2012]
The chief building official or chief building official's designee
shall keep minutes of all proceedings of the building board of appeals
and shall submit such minutes, following approval by the building
board of appeals, to the city secretary. Such minutes shall become
a part of the city council's official records.
[Ord. No. 1234-12, § 1, 9-11-2012]
The powers, duties and responsibilities of the building board of appeals shall be to hear, consider and determine substandard building cases under chapter 14 of the Code and to hear, consider and determine appeals as set forth in all building codes adopted and amended by the city, including but not limited to the following:
(1)
International
Building Code;
(2)
The
National Electric Code;
(3)
The
Uniform Housing Code;
(4)
The
International Fire Code;
(5)
The
International Mechanical Code;
(6)
The
International Plumbing Code;
(7)
The
International Residential Code; and
(8)
The
International Property Maintenance Code.
[Ord. No. 1234-12, § 1, 9-11-2012; Ord. No. 1255-13, § 8, 10-1-2013]
