Sec. 15-16-210. Appeal.
(a) Any person or party in interest aggrieved of a decision or order of the Building Official made pursuant to this Title 15 shall be entitled to file an appeal before the Board. Appeals from an order or decision of the Building Official must be filed not more than fifteen (15) days from the date of the order or decision that prompted the appeal. All appeals shall be made in writing and filed with the Town Clerk accompanied by a fee as set forth in the Town Council adopted fee schedule. A fee may be refunded in whole or in part by the Board upon a finding of economic hardship, or should the Board sustain an appeal.
(b) All notices for appeal shall provide the following information.
(1) The name, address, telephone number and signature of the appellant and the address of the property, building or structure subject to the appeal.
(2) A brief statement of the ownership or other interest of the appellant in the property, building or structure subject of the appeal.
(3) A brief description in ordinary and concise language of the regulation, order, ordinance or determination giving rise to the appeal, the relief sought and any material facts or arguments supporting the appeal. All ordinances or regulations involved in any appeal shall be cited by chapter and section number, and any order or determination of the Building Official shall be cited by date and form (written or oral). A copy of any written order subject to appeal shall be attached to the notice of appeal.
(c) Upon receipt of a notice of appeal, the Town Clerk shall promptly forward same to the Board, with a copy to the Building Official, whereupon the Chairperson of the Board shall, as soon as practicable, set a time and date for a hearing thereon. Such date shall not be less than ten (10) days or more than sixty (60) days from the date the appeal was received by the Town Clerk.
(d) Written notice of the time, date and place for a hearing shall be given by the Town Clerk or Building Official either by causing a copy thereof to be delivered to the appellant, or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the notice of appeal. Notice of the hearing shall be given not less than ten (10) days prior to the hearing date. The notice shall include a brief description of the issues involved in the hearing and the location of the property subject thereto.
(e) A record of all hearings shall be made by an audio recording device. Only those matters as contained in the hearing notice shall be considered by the Board at the hearing. The burden of per-suasion in all hearings shall be upon the appellant. The Board may within its discretion conduct a site visit to the property in question as part of any hearing. All persons wishing to provide testimony or information shall be afforded a reasonable opportunity to be heard. The Board may ask the Town Clerk to swear in persons wishing to testify. Board members who do not participate in a hearing, or who do not read the entire record of a proceeding or listen to an audio recording, shall not vote on or take part in a decision.
(f) Decisions of the Board should be made in writing and all decisions shall recite the findings upon which they are based. The Board may continue or recess a hearing or its deliberations to a later date if necessary for the entry of a decision. Upon the request of the appellant at the conclusion of a hearing, the Board shall reduce its decision to writing and deliver same by hand or mail to the appellant. The effective date of a decision shall be the date it is voted upon by the Board, or if made in writing, the date the decision is signed by the Chairperson. The Board shall proceed with reasonable dispatch to conclude any matter before it.
(g) The failure of any person to timely file an appeal in accordance with the provisions of this Title shall constitute a waiver of the right to a hearing and determination as provided herein.
(h) Enforcement of any contested notice or order of the Building Official shall be stayed pending an appeal as timely commenced in accordance with this Chapter, except for notices or orders necessary to prevent imminent injury to person or property as determined by the Town Manager upon the petition of the Building Official. Stays shall only become effective upon the proper filing of an appeal, including the payment of the required fee. (Prior code 15.50.240; Ord. 1288 §1, 2008; Ord. 1296 §1, 2008)