§ 5-315. Appeals.

(a)

Appeals to the board may be taken by any person aggrieved by the decision or interpretation of any administrative officer rendered under this article or any amendment thereto or any building code, ordinance, law, rule, regulation, policy, or procedure adopted by the commission relating to the construction industry. Such appeal shall be taken within thirty (30) days from the date of such decision or interpretation by filing with the secretary of the board a notice of appeal specifying the grounds thereof. The office from whom the appeal is taken shall forthwith transmit to the board all the paperwork constituting the records upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the person aggrieved by the decision or the officer from whom the appeal is taken certifies to the board that the stay would, in his opinion, cause peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of competent jurisdiction on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear at the hearing in person or by an agent, who must have written authorization from the party, or by attorney.

(c)

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or any amendment thereto or any building code, ordinance, law, rule, regulation, policy, or procedure adopted by the commission relating to the construction industry.

(2)

Upon hearing such appeals, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by such administrative official and make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken.

(3)

To authorize upon appeal in specific cases such variance from the terms of the order or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the order or resolution will result in unnecessary hardship so that the spirit of the order or resolution shall be observed and substantial justice done.

(d)

The concurring vote of not less than five (5) members of the board present at said hearing shall be necessary to reverse the order, requirement, decision or determination of any administrative official.

(e)

Any person or persons, jointly or severally, aggrieved by any decision of the board, may, within thirty (30) days after the filing of any decision in the office of the board, but not thereafter, apply to a court of competent jurisdiction for appropriate relief.

(Ord. No. 90-16, § 19, 7-3-90; Ord. No. 92-03, § 19, 2-11-92)