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HomeMy WebLinkAbout~Master - Amending Chapter 8 of Municipal Code; Establishing a Board of Appeal CAW" ORDINANCE NO. 2254 AN ORDINANCE AMENDING CHAPTER 8 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING THERETO A NEW ARTICLE IV CONTAINING NEW SECTIONS TO BE NUMBERED SECTIONS 8-3030 THROUGH 8-3043 , ESTABLISHING A BOARD OF APPEAL FROM THE DECISION OF THE BUILDING OFFICIAL, THE MEMBERSHIP TO SUCH BOARD, QUALIFICATIONS OF MEMBERS, AND PROCEDURES GOVERNING PROCEDURES BEFORE SUCH BOARD. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. There is hereby added to Chapter 8 of the Municipal Code of the City of Ames , Iowa, a new article to be designated as Article IV containing new sections to be numbered Sections 8-3030 through 8-3043 as follows : ARTICLE IV Sec. 8-3030. Application For Appeal. Any interested person may appeal to the board of appeal from a decision of the building official when it is claimed. that the true intent of the building code has been incorrectly inter- preted, the provisions of the code do not apply, or an equally good or better form of construction or materials can be used. The owner of a building or his duly, authorized representati e who has been served with an unsafe order and notice by the building official to make such building or structure safe, secure or habitable or to take down or remove the same shall have the right, except in cases of emergency, to appeal such order to the board of appeals . Sec. 8-3031. Membership of Board. The board. of appeals shall consist of five (5) members appointed by the mayor and approved by the city council, one member to be appointed for five (5) years , one for four (4) years , one for three (3) years , one for two (2) years , and one to serve one (1) year; and thereafter each new member to serve for five (5) years or until his successor has been appointed, provided, however, that no member shall serve more than one term. Sec. 8-3032 . Qualification of Board Members . Each member shall be an experienced licensed professional engineer or architect, or an experienced builder or superintendent of building construction, and at no time shall there be more than two (2) members of the board selected from the same profession or business ; and at least one of the professional engineers shall be a licensed professional engineer with architectural engineering experience . Sec. 8-3033 . Absence of Members . During absence of a member by reason of disability disqualfication, the mayor shall designate a qualified substitute . Sec. 8-3034. Chairman of Board. The board shall select one of its members to serve as chairman, and the building official shall serve as secretary to the board, and shall keep a detailed record of all proceedings of the board on file in his office. 2 Sec. 8-3035 . Exemption of Members . No member of the board shall pass on any question in which he is engaged as contractor or material dealer , or in the preparation of plans or specifications , or in which he has any personal interest. Sec. 8-3036. Compensation of Board of Appeals . The members of the board of appeals shall serve without compensation. Sec. 8-3037 . Notice of Meeting. The board shall meet upon notice of the chairman within ten (10) days of the filing of an appeal or at stated periodic meetings if warranted by the volume of work. Sec. 8-3038. Public Hearing. All hearings shall be public; and the appellant, his representative, the building official and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard. Sec. 8-3039. Adjourned Meeting. When four (4) qualified members are not present to consider a specific appeal, either the appellant, the building official or their representatives may request a postponement of the hearing. Sec. 8-3040. Action of Board. The board shall affirm, modify or reverse the decision of the building official by a concurring vote of three members , Sec. 8-3041. Resolutions of Board. Every action of the board shall be by resolution and certified copies shall be furnished to the appellant and to the building official. Sec. 8-3042. Determining Vote. Failure to secure three (3) concurring votes shall be deemed a confirmation of the decision of the building official, except that the appellant shall be entitled to further hearing before a full board if there were not five (5) qualified members present when the vote was taken. Sec. 8-3043 . Enforcement of Decision. The building official shall take immediate action in accordance with the decision of the board. Section 2 . All ordinances and parts of ordinances in conflict herewith, are hereby repealed. Section 3 . This ordinance is in full force and effect from and after its date of publication as provided by law. Passed and adopted this 2nd day of July, 1968. Louise Whitcome, City Clerk Stuart N. Smith, Mayor 6/18/68 Moved by Newell-Fellinger the ordinance pass on 1st reading. Aye : Thurston, Judge, Fellinger, Newell, LeBaron Nay: None Absent : Fisher Ordinance declared passed on lst reading. 6/25/68 Moved by Newell-Judge the ordinance pass on 2nd reading. Aye : Thurston, Judge, Fellinger, Newell, Fisher Nay: None Absent: LeBaron Ordinance declared passed on 2nd reading. 7/2/68 Moved by Newell-Fisher the ordinance pass on final reading. Aye : Thurston, Judge, Fellinger, Newell, LeBaron, Fisher Nay: None Ordinance declared adopted.