[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.
