§ 13.01.204. Board of appeals.

(a)

General. In order to hear and decide appeals of orders, decision or determinations made by the building official relative to the application and interpretations of the technical code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedures for conducting its business and shall render all decision and findings in writing to the appellant with a duplicate copy to the chief building official.

(b)

Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code or the administrative provisions of the technical codes nor shall the board be empowered to waive mandatory requirements of either this code or the technical code. The board shall have the authority to hear and decide appeals of order, decision or determinations made by the building official relative to the application and interpretations of the technical code.

(c)

Board of Appeals created. In order to hear and decide appeals of orders, decisions or determinations made by the building official, fire marshal or their designees relative to the application and interpretation of Titles 12, 13, and 17 of the Municipal Code, there shall be and is hereby created board of appeals.

(d)

Consistency of the Board of Appeals. The board of appeals shall consist of members to be appointed by the mayor and approved by the city council. The members of the board of appeals shall be chosen from the residents of the city of Council Bluffs or from those who operate a business within the corporate limits of the city of Council Bluffs, with reference to their fitness, knowledge and qualifications for such position.

The term of office for the members of the board of appeals shall be five-year terms. Initial appointments shall stagger the term expiration by appointing three members of the board for a three-year term and four members with a five-year term. The members of the board of appeals shall serve until their successors are appointed. The board of appeals members shall serve without pay.

Board of appeals members may be removed for cause by the mayor with approval of the city council. Vacancies shall be filled for an unexpired term in the same manner as appointments. A vacancy occurs when a member resigns, dies, moves from the state, is removed for cause, has unexcused absences, as determined by the board of appeals from three or more of the board of appeals meetings within any twelve (12) month period.

The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to construction, design and the trades. Members of the board of appeals shall not be employed by the city of Council Bluffs.

The consistency of the board of appeals shall include the following: a licensed Class A or B general contractor; a licensed master plumber; a licensed master mechanical contractor; a licensed Class A master electrician; a state of Iowa licensed professional architect or engineer; a current registered landlord who permanently resides within the Council Bluffs city limits and a citizen at large representative who permanently resides within the Council Bluffs city limits.

(e)

Capacity of the Board of Appeals. The board of appeals shall act in an advisory capacity to the mayor and city council in regard to the adopted codes, construction and related matters of interest to the city. The building official shall provide such assistance as requested by the board of appeals.

The building official shall be an ex-officio member of and shall act in a secretary capacity to said board of appeals but shall have no vote on any matter before the board of appeals. The board secretary shall record the names and addresses of all persons examined and licensed by each board, the results of the exam and the kinds of licenses issued to each applicant, if any, and the date of issuance.

(f)

Policies of the Board of Appeals.

(1)

Any individual or group aggrieved by a decision of the building official may appeal that decision within thirty (30) days by filing a written notice and an administrative filing fee with the building official.

(2)

Within fourteen (14) days after the appeal is filed, the board of appeals shall schedule a hearing on the appeal. The hearing shall be held within thirty (30) days after the filing of the appeal, unless the parties agree otherwise.

(3)

Hearings shall be conducted in an informal manner; formal rules of evidence shall not apply. At the hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses.

(4)

The board of appeals may establish additional written rules of procedure for the conduct of hearings and their business.

(5)

The board of appeals may continue the hearing to a specified time and date if the board of appeals determines that additional evidence is necessary to decide the issue.

(6)

At the conclusion of the hearing, or within ten (10) days after the hearing, the board of appeals shall make written findings and either sustain, modify, or reverse the order of the building official. The written findings and decision shall be mailed to the appellant at the appellant's last known address. The secretary of the appeal board shall maintain the written findings and decision as a public record.

(g)

Procedures of the Board of Appeals. The board of appeals shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy retained by the building official. The members of the board of appeals will each vote on a chair and a vice-chair of the board to be appointed. For all business purposes, a quorum is required and is defined as a majority of the appointed members of the board of appeals.

(h)

Application to the Board of Appeals. An application for appeal shall be based on a claim that the true intent of the adopted codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the adopted codes do not fully apply or an equally good or better form of construction is proposed. An application fee in the amount listed in the schedule of fees shall be paid to the city treasurer prior to scheduling the board of appeals meeting. Their meetings shall be scheduled or called on an as needed basis.

There shall be an administrative fee for filing an appeal with the board of appeals as found in schedule of fees located in the city clerk's office.

(i)

Review by Court. The city and any person or persons who have appealed to the board of appeals and are aggrieved by their decision may appeal the decision to a court of competent jurisdiction pursuant to the provisions of Iowa law.

(Ord. No. 6180, § 1, 6-24-13; Ord. No. 6192, § 1, 8-26-13)

Editor's note

Ord. No. 6180, § 1, adopted June 24, 2013, repealed the former § 13.01.204, and enacted a new § 13.01.204 as set out herein. The former § 13.01.204 pertained to similar subject matter and derived from Ord. No. 6098, adopted October 25, 2010.