A.
Form of Appeal. Any person entitled to service under Section 15.08.110(C) may appeal from any notice and order or any action of the Building Official under this chapter by filing at the office of the Building Official a written appeal containing:
1.
A
heading in words: "Before the Board of Appeals of the City of Warrenton."
2.
A
caption reading: "Appeal of _______," giving the names of all appellants
participating in the appeal.
3.
A
brief statement setting forth the legal interest of each of the appellants
in the building or the land involved in the notice and order.
4.
A
brief statement in ordinary and concise language of the specific order
or action protested, together with any material facts claimed to support
the contentions of the appellant.
5.
A
brief statement in ordinary and concise language of the relief sought
and the reasons why it is claimed the protested order or action should
be reversed, modified or otherwise set aside.
6.
The
signatures of all parties named as appellants and their official mailing
addresses.
7.
The
verification (by declaration under penalty of perjury) of at least
one appellant as to the truth of the matters stated in the appeal.
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The appeal shall be filed within 30 days from the date of the service of such order or action of the Building Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 15.08.140, such appeal shall be filed within 10 days from the date of the service of the notice and order of the Building Official.
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B.
Processing
of Appeal. Upon receipt of any appeal filed pursuant to this section,
the Building Official shall present it at the next regular or special
meeting of the Board of Appeals.
C.
Scheduling
and Noticing Appeal for Hearing. As soon as practicable after receiving
the written appeal the Board of Appeals shall fix a date, time, and
place for the hearing of the appeal by the Board. Such date shall
be not less than 10 days nor more than 60 days from the date the appeal
was filed with the Building Official. Written notice of the time and
place of the hearing shall be given at least 10 days prior to the
date of the hearing to each appellant by the Secretary of the Board
either by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, addressed
to the appellant at his or her address shown on the appeal.
(Ord. 1079-A § 501, 2005)
Failure of any person to file an appeal in accordance with the provisions of Section 15.08.150 shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or any portion thereof.
(Ord. 1079-A § 502, 2005)
Only those matters or issues specifically raised by the appellant
shall be considered in the hearing of the appeal.
(Ord. 1079-A § 503, 2005)
Except for vacation orders made pursuant to Section 15.08.130, enforcement of any notice and order of the Building Official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 1079-A § 504, 2005)
