[Adopted 4-26-1988 as § 2-41 of the 1988 Code]
A.
There shall be a Board of Appeals consisting of five
members and two associate members who shall be appointed by the City
Manager in accordance with the City Charter. The members of the Board
of Appeals shall continue in office for the terms for which they were
appointed and until their successors are appointed and qualified.
B.
No member shall sit on any case in which he is interested.
In the event of the disqualification or the absence of a member of
the Board of Appeals, an associate member shall act during the period
of disqualification or absence of the member.
[Amended 12-23-2008]
C.
The Board may adopt from time to time such rules of
practice and procedure as it may deem necessary to carry into effect
the provisions of this Code and shall keep minutes of its proceedings.
A.
Any person aggrieved by any order, requirement, decision
or determination made by the Inspector of Buildings in the enforcement
of this Code may appeal to the Board of Appeals as provided in MGL
c. 40A, § 8.[1]
(1)
Within 30 days after the applicant is notified in
writing of a refusal by the Inspector of Buildings to grant a building
or occupancy permit, he may file with the Inspector of Buildings and
with the Board of Appeals a notice of appeal specifying the grounds
thereof and shall pay a fee as on file in the City Clerk's office
to the Inspector of Buildings at the time the notice is filed, which
the Inspector of Buildings shall forthwith pay over to the City Treasurer
to the credit of the fund of the City.
(2)
Prior to the expiration of 30 days after the initial
posting of a building permit or certificate of occupancy which has
been granted by the Inspector of Buildings, any aggrieved person may
file with the Inspector of Buildings and with the Board of Appeals
a notice of appeal specifying the grounds thereof and shall thereupon
pay the fee as provided above.
(3)
Any person aggrieved by a violation of any portion
of this Code may formally request the Inspector of Buildings in writing
to enforce this Code, and the Inspector of Buildings shall act upon
such request within 14 days thereafter by written notice to the person
submitting the request and to the owner of each parcel of property
specifically affected by the ruling. If the Inspector of Buildings
has not so acted upon such request within 14 days after its receipt,
such failure to act shall be considered a denial of the request for
enforcement. Any person aggrieved by action taken or determination
made by the Inspector of Buildings upon such request for enforcement
may appeal within 30 days thereafter to the Board of Appeals in the
manner provided in this article and upon payment of the fee which
is on file in the City Clerk's office.
B.
The Inspector of Buildings shall transmit to the Board
of Appeals all the papers constituting the record upon which any action
appealed from is taken.
C.
The remedies provided in this article for an aggrieved
person shall be in addition to any other remedy which may now or hereafter
be available to him.
