Chapter 5 BUILDINGS*
ARTICLE III. ADMINISTRATION
Sec. 5-25. Appeals.
(a) Any person who is directly aggrieved by the issuance, transfer,
renewal, refusal, suspension, revocation or cancellation of any permit or
license issued pursuant to this article or any of the technical codes, or by any
notice, order or other action by the code official as a result of any inspection
pursuant to this article or any of the technical codes, may appeal to the
appropriate technical board as set forth in section 5-26 of this
article.
(b) Appeals must be filed in writing on forms provided by the
department in accordance with procedures established by the department or the
appropriate appeals board. The appeal must be accompanied by the required fee
and a copy of the violation or permit refusal notice when applicable. The appeal
must be filed within thirty (30) days of the date of the action being
appealed.
(c) All appeals considered by the technical appeals boards shall
be heard in public at such times and locations scheduled by the
boards.
(d) On appeal, the technical board may modify or reverse the action
of the code official based upon a review of the record and a finding
that:
(1) The intent of the applicable code (or regulations adopted
thereunder) has been incorrectly interpreted;
(2) The provisions of the
applicable code or regulations do not fully apply;
(3) An equivalent form of
construction or installation is proposed;
(4) The requirements of the code
are satisfied by other means; or
(5) Due to extraordinary conditions,
literal enforcement of the provision will result in undue hardship or unusual
practical difficulties. (Ord. No. G-05-18, § 13, 12-19-05)
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