[HISTORY: Adopted by the City Commission
of the City of Royal Oak 10-28-1974 by Ord. No. 74-19. Amendments noted where
applicable.]
Pursuant to the provisions of Section 9 of Act
No. 230 of the Public Acts of 1972 (MCLA § 125.1509)[1], the Building Official of the City of Royal Oak is hereby
designated as the enforcing agency to discharge the responsibilities
of the City under Act 230 of the Public Acts of 1972, State of Michigan.[2] The City of Royal Oak hereby assumes responsibility for
the administration and enforcement of said Act throughout its corporate
limits.
[Added 5-7-1984 by Ord. No. 84-9; amended 8-20-2007 by Ord. No.
2007-04; 9-10-2018 by Ord. No. 2018-09]
A.
The Construction Board of Appeals shall consist of three members
appointed by the City Commission for terms of two years. A member
of the Board of Appeals shall be qualified by experience or training
to perform the duties of members of the Board.
B.
Two members of the Board of Appeals constitute a quorum. Action may
be taken by the Board by an affirmative vote of at least two members
of the Board. A meeting of the Board may be called by the Chairman
or two members of the Board on written notice not less than two business
days in advance of the meeting.
C.
The business that the Board may perform shall be conducted at a public
meeting of the Board held in compliance with the Open Meetings Act,
MCLA § 15.261 et seq., as amended. Public notice of the
time, date, and place of the meeting shall be given in the manner
required by the Open Meetings Act, MCLA § 15.261 et seq.,
as amended.
D.
A writing prepared, owned, used, in the possession of, or retained
by the Board in the performance of an official function shall be made
available to the public in compliance with the Freedom of Information
Act, MCLA 15.231 et seq., as amended.
E.
If the Building Official or his designee refuses to grant an application
for a building permit, or makes any other decision pursuant to or
related to the Stille-DeRossett-Hale Single State Construction Code
Act,[1] as amended, or the State Construction Code, as amended,
an interested person or the person's authorized agent may appeal,
in writing, to the Board of Appeals. The Board of Appeals shall hear
the appeal and render and file its decision with a statement of reasons
for the decision not more than 30 days after submission of the appeal.
Failure by the Board of Appeals to hear an appeal and file a decision
within the time limit is a denial of the appeal for purposes of authorizing
an appeal to the State Construction Code Commission. A copy of the
decision and statement of the reasons for the decision shall be delivered
or mailed, before filing, to the party taking the appeal.
[1]
Editor's Note: See MCLA § 125.1501 et seq.
F.
Grant of variance.
(1)
After a public hearing, the Board of Appeals may grant a specific
variance to a substantive requirement of the Construction Code if
the literal application of the substantive requirement would result
in an exceptional, practical difficulty to the applicant, and if both
of the following requirements are satisfied:
(a)
The performance of the particular item or part of the building
or structure with respect to which the variance is granted shall be
adequate for its intended use and shall not substantially deviate
from performance required by the Construction Code of that particular
item or part for the health, safety and welfare of the people of this
City.
(b)
The specific condition justifying the variance shall be neither
so general nor recurrent in nature as to make an amendment of the
Construction Code with respect to the condition reasonably practical
or desirable.
(2)
`The Board of Appeals may attach, in writing, any condition in connection
with the granting of a variance that in its judgment is necessary
to protect the health, safety and welfare of the people of this City.
The breach of a condition shall automatically invalidate the variance
and any permit, license and certificate granted on the basis of it.
In no case shall more than minimum variance from the Construction
Code be granted than is necessary to alleviate the exceptional, practical
difficulty.
G.
An appeal to the Board of Appeals does not stay a stop construction
order issued by the Building Official or his designee, or prevent
the Building Official or his designee from seeking an order in a court
of competent jurisdiction enjoining the violation of a stop construction
order. In other cases, an appeal to the Board of Appeals, or to the
State Construction Code Commission pursuant to the Construction Code,
as amended, or to a court of competent jurisdiction, shall act as
a stay upon an order, determination, decision or action appealed from,
unless the Building Official or his designee establishes that immediate
enforcement of the order, determination, decision or action is necessary
to avoid substantial peril to life or property.
