Article VIII
APPEALSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088
12.801. GENERAL PROVISIONS:
12.802. APPLICATION:
12.803. PUBLIC HEARING:
12.804. DECISION OF THE BOARD OF APPEAL:
12.805. APPEALS FROM DECISIONS OF THE BOARD OF APPEAL:

Sec. 12.801. General Provisions.linklink


A. Any person shall have the right to appeal a decision of the building official to the Building Code Board of Appeals in accordance with the provisions as prescribed in this article and in accordance with chapter 3 of this Code.


B. The Board of Appeals shall have no authority to waive or vary requirements of the Building Code. (Ord. O-18-025, 7-19-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088#s1272220
Sec. 12.802. Application.linklink


A. The application for appeal shall be filed on a form obtained from the building official with the fee as specified in the master fee schedule within twenty (20) days from the date of the decision appealed.


B. An application for appeal shall be based on a claim that the true intent of the code or the legally adopted rules have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. (Ord. O-18-025, 7-19-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088#s1272221
Sec. 12.803. Public Hearing.linklink


A. Upon receipt of a completed application and payment of fees as specified in the master fee schedule, a hearing before the Board of Appeals will be scheduled at the next established meeting date or as soon as practical.


B. Compliance with strict rules of evidence is not required, but only relevant information will be admissible.


C. When all members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. (Ord. O-18-025, 7-19-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088#s1272222
Sec. 12.804. Decision Of The Board Of Appeal.linklink


A. The Board of Appeal shall, in every case, reach a decision without unreasonable or unnecessary delay. Every decision of the Board of Appeal shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two (2) weeks after filing.


B. The Board of Appeals shall modify or reverse the decision of the building official by a concurring vote of two-thirds (2/3) of its members. If a decision of the Building Code Board of Appeal reverses or modifies an interpretation, the building official shall take action immediately in accordance with such decision. (Ord. O-18-025, 7-19-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088#s1272223
Sec. 12.805. Appeals From Decisions Of The Board Of Appeal.linklink

A person aggrieved by a decision of said board, whether previously a party to the proceeding or not, or an officer or Board, may, within fifteen (15) days after the filing decision in the office of the building official, apply to the appropriate court to correct errors of law in such decisions. (Ord. O-18-025, 7-19-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=52088#s1272224