[Added 5-2-2023 by Ord. No. 1994]
A. 
There is hereby created a Board of Appeals. The Board of Appeals shall consist of five regular members, who shall be appointed by the Mayor with the approval of a majority of the members elected to the City Council. The terms of the Board members shall be as follows:
(1) 
One for five years; one for four years; one for three years; one for two years; and one for one year; each to serve until a successor has been appointed and approved.
(2) 
Thereafter, each new member shall serve for five years or until a successor has been appointed and approved.
B. 
The Mayor and City Council may also appoint and approve in the same manner two alternate members who shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for five years, or until a successor has been appointed.
C. 
Board members shall be residents of the City or shall reside within its extraterritorial zoning jurisdiction. At least one member of the Board shall reside within the extraterritorial zoning jurisdiction. Board members must be qualified by experience and training to pass on matters pertaining to building construction or property maintenance and may not be employees of the City.
The Board of Appeals shall hear appeals as authorized by any provision of this Code, including appeals under Chapter 100 regarding property maintenance. The Board shall hear evidence from appealing parties, the City, and other interested parties pertaining to the application and intent of the applicable Code provisions regarding a specific case. Any appeal shall be based on a claim that the intent of the Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the Code do not fully apply, or the appealing party is not in violation of one or more of the Code sections cited. The Board shall not have authority to waive requirements of the Code. An appeal to the Board of a notice or order, other than an imminent danger notice or order, shall stay enforcement until the appeal is heard and decided by the Board.
A. 
Authority. The Board is authorized to establish rules necessary to carry out its duties, not in conflict with this Code.
B. 
Chairperson. The Board shall annually select one of its members to serve as chairperson, and one of its persons to serve as a vice chairperson to act in the absence of the chairperson.
C. 
Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
D. 
Secretary. The City shall designate a qualified clerk to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the City Clerk.
E. 
Fee. The City Council may, by resolution amending the Master Fee Schedule, require the payment of an appeal filing fee. Any such fee shall accompany the written appeal filing.
F. 
Meetings. The Board shall meet upon notice from the chairperson or City Clerk, or at stated periodic meetings as may be scheduled by the Board.
G. 
Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the City code official, and any person whose interests are affected shall be given an opportunity to be heard. The hearing shall be audibly recorded and the recording in its entirety shall be preserved for purposes of an appeal until the later of (i) the time for appeal has expired, or (ii) any appeal has been fully and finally resolved.
H. 
Rules. The Board may adopt and make available to the public through the secretary rules under which a hearing will be conducted. The rules shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The appeal before the Board shall be governed by its rules and applicable local or state law.
I. 
Quorum. A quorum of at least three members in attendance shall be required for the Board to take any action.
J. 
Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing to a future date.
K. 
Board decision. The Board may affirm, reverse, or modify the decision appealed from. A concurring vote of at least three members of the Board shall be required to take any action; provided, that a concurring vote of a simple majority of members present may be sufficient to postpone a case to a future date.
L. 
Administration. The code official may take immediate action in accordance with the decision of the Board.
M. 
Court review. The decision of the Board may be appealed to the district court as provided in Neb. Rev. Stat. § 25-1901 et seq., as amended.