Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[Adopted 8-13-1991 by Ch. No. 983 as §§ 5-91 through 5-97 of the 1991 Code]
[Amended 1-30-2012 by Ch. No. 1760]
Pursuant to RIGL 23-27.3-127.2, there shall be a Board of Review and Appeals appointed by the Chief Executive Officer. The Board shall consist of five members, one who shall be an architect, two who shall be professional engineers, one who shall be a builder or superintendent of construction, and one who shall be a member of the general public. The Town Council President shall be an ex officio member of the Board of Review and Appeals.
The Board of Review and Appeals shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its examinations and official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.
A. 
The Board of Review and Appeals shall have the following powers:
(1) 
To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an enforcing officer in the enforcement of this article or any ordinance or regulation adopted pursuant to the authority hereof.
(2) 
To vary or modify the application of any of the provisions of any ordinance or regulation adopted pursuant to the authority hereof in such a manner that the spirit of such ordinance shall be observed and public health, safety, morals and general welfare secured and substantial justice done where as a result of unusual conditions a literal enforcement of such ordinance would result in undue hardship.
B. 
In exercising the above-mentioned powers, the Board of Review and Appeals may in conformity with the provisions of this article, reverse or affirm wholly or partly, or may modify any order, requirement, decision or determination of the enforcing officer and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the enforcing officer from whom the appeal was taken.
In order to hear an appeal, a quorum of a majority of the members of the Board of Review and Appeals must be present. A concurring vote of a majority of the members of the Board present at the hearing shall be necessary to reverse or modify any order or decision of the enforcing officer and to authorize a variance or modification in the application of any provision of any ordinance or regulation adopted pursuant to the authority hereof. In the event of a tie vote, the order of the enforcing officer shall be deemed to be sustained. The findings of the Board of Review and Appeals shall be conclusive with respect to questions of fact and may be reviewed only as to questions of law.
[Amended 1-30-2012 by Ch. No. 1760]
Appeals to the Board of Review and Appeals may be taken by any person upon whom an order has been issued by the enforcing officer. The period in which such appeal may be taken shall be within 30 days of the receipt of any compliance order. Such appeal shall be filed with the Board of Review and Appeals in accordance with RIGL 23-27.3-127.2.5.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcing officer from whom the appeal is taken certifies to the Board after notice of the appeal has been transmitted to him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause a hazard or immediate peril to the health or safety of the occupant of neighboring dwellings or buildings or of the public. In such case, proceedings shall be stayed otherwise than by a restraining order which may be granted by the Chairman or the Acting Chairman of the Board of Review and Appeals or by a court of competent jurisdiction on application therefor and upon notice to the enforcing officer from whose order the appeal is taken and on due cause shown.
[Amended 1-30-2012 by Ch. No. 1760]
The Board of Review and Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the party making the appeal and the enforcing officer. At the hearing, any party may appear in person or by agent or attorney. A copy of the decision of the Board shall be mailed to the aggrieved party and to the enforcing officer not later than 10 days following the completion of the hearing.