Agenda - Council - 09/12/1989 - Closed Executive Session and Regular Meeting

Home

Section 10.86.4..Appeals, An>' per~n who is dissatisfied with an imcrpretation or dez.'isi~m of the Buiidmg Official renaer~ u'~ response to an application therciore may appeal to the Board for its review and decision. An appeal shall be in ~rifing and shall include a reference to the particular application in response to which the interpretation or decision being appealed was rendered. No appeal shall be taken to the Board unless the applicant has first made application to the Building Official as provided in these Rules. SECTION 10.87 · ~:~.i..~ ii;.~-.. . Section 10.87.1. Matters to be Heard. A hearing shall be held on all matters coming before the Board by means of an appeal. Notice of such hearing shall be given to each appellant as provided in these Rules. Section 10.87.2. Sufficiency of Appeal. Each appeal, upon being filed with the Board, shall be immediately examined by the Building Official to determine if it complies with the requirements of these Rules. If an appeal is determined to be sufficient under these Rules, the Building Official shall schedule the same for a hearing not more than ten (10) working days from the date such appeal is filed with the Board. If additional time is required, an extension to the ten (10) working days may be granted, with the approval of the applicant. If an appeal is determined to be insufficient under these Rules, the Building Official shall immediately notify the applicant of such insufficiency and the same shall not be scheduled for hearing until made complete and sufficient by the applicant. Section 10.87.3. Procedure ot Hearings. A hearing on an appeal shall be conducted in the following manner: (i) The appeal shall be read aloud by the secretary. (ii) The applicant or his representative shall be heard. (iii) The Building Official and any employees of his/her department desiring to speak on thc matter shall be heard. (iv) Anyone else desiring to speak in support of an appeal shall be heard. (v) ~Anyone else desiring to-speak against an appeal shall be heard. Section 10.87.4. Action of Boarcl~ After co/iCluSion of a hearing on an appeal, the Board shall then act on the matter or it shall take the matter under advisement and defer action until a date certain which date shall be as soon thereafter as practicable. SECTION 10.88 ACTION OF BOARD ON APPEAL Section 10.88.1. Form. Every f'mal decision of the Board on an appeal shall be in writing, shall contain fmdings of the Board, shall be signed by the chairperson, and shall contain the roll call vote of thc members of the Board. Section 10.88.2. Appeal Involving a Variance in New Construction. In the case of an appeal from a decision of the Building Official to grant a variance in new construction, no variance