Sec. 7-4-70. Appeals to the Board of Adjustment and Appeals.
(a) An appeal of the Department’s notice and order of noncompliance shall be filed with the Board of Adjustment and Appeals (“BOAA”) in writing no later than thirty (30) days from the date of the Department’s notice and order.
(b) The BOAA shall make such rules and regulations as it determines are necessary for the conduct of its hearings under this Article, and according to any other applicable ordinances of the Town and/or laws of the State.
(c) Upon a timely filing of a notice of appeal to the BOAA, the BOAA shall set a hearing date to review the notice and order of the Department. This hearing date shall be on a date certain not to be less than five (5) days nor more than fifteen (15) days from the filing of the date of the notice of appeal. The BOAA shall have the power to subpoena witnesses and a record shall be kept of the hearing. The BOAA shall issue its decision and order upon the appeal within ten (10) days of the date of the hearing.
(d) The BOAA may affirm, modify, rescind or delay the compliance order based upon the following standards:
(1) Planned termination of operation of the noncomplying solid fuel-burning device.
(2) Planned replacement of the noncomplying solid fuel-burning device with a certified device.
(3) A change in the operations of the solid fuel-burning device due to excusable malfunction.
(4) Extreme hardships or life-threatening emergencies.
(e) The Department shall represent the Town before the BOAA and shall have the burden of proof to establish noncompliance by a preponderance of the evidence.
(f) The order of the BOAA shall take effect immediately, and shall contain written findings. The BOAA may grant a greater time, at its discretion.
(g) All appeals from the BOAA shall be to the District Court. (Prior code 8.12.070)