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SECTION <br /> <br />The effective <br />City Charter S. <br /> <br /> 3. Procedure at Hearings. A hearing on an appeal shall be conducted <br /> in the following manner: <br /> (a) The appeal shall be read aloud by the secretary. <br /> (b) The applicant or representative shall be heard. <br /> (c) The Building Official and any employees of the department <br /> desiring to speak on the matter shall be heard. <br /> (d) Anyone else desiring to speak in support of an appeal shall be <br /> heard. <br /> (e) Anyone else desiring to speak against an appeal shall be heard. <br /> 4. Action of Board. After conclusion of a hearing on an appeal, the <br /> Board shall then act on the matter or it shall take the matter under <br /> advisement and defer action until a date certain which date shall be as <br /> soon thereafter as practicable. <br /> Stlbd. 3. Action of board on appeal. <br /> <br /> a.; Form. Every final decision of the Board on an appeal shall be in writing, <br /> shall contain findings of the Board, shall be signed by the chairperson, and <br />[ shall contain the roll call vote of the members of the Board. <br /> <br />~, b. Appeal Involving a Variance in New Construction. In the case of <br />! an appeal from a decision of the Building Official to grant a variance in new <br />~ construction, no variance from the provisions of the Building Code shall be <br />[ approved by the Board unless it is determined by the Board that the proposed <br />[ variance is equal to or better than the mode of construction or the materials <br /> ; required by the Building Code. <br /> <br />' c. ~ Other Appeals. In the case of any other appeal, the Board may affirm, or <br />~ ., it may reverse or modify the action of the Building Official. If the Board acts <br />t to reverse or modify the interpretation or decision of the Building Official, it <br />~ shall do so only upon a determination that: <br /> <br /> 1. The interpretation or decision of the Building Official violates a <br />~ provision of the Building Code or any other controlling law or <br /> ordinance; or <br /> <br /> 2. The interpretation or decision of the Building Official exceeds the <br />~ authority of the Building Official. <br /> 'd. i, Notification of Action. Every final decision of the Board shall be filed <br /> ~ ~ with the Building Official and at the time of filing, a duplicate copy shall be <br /> mailed to the applicant. <br /> i Subd. 4. Authority. <br /> <br />, a. Authority for Adoption. These Rules of Procedure are authorized <br />i ~ by the provision of §204 of the Building Code as amended by §8.01 of <br />: this code. <br />3. ~ EFFECTIVE DATE <br /> <br /> latelof this Ordinance is thirty (30) days after its passage and publication subject to <br /> ~ctibn 5.07. <br /> <br />11 <br /> <br /> <br />