(1) There is hereby created a Building Code Board of Appeals for the purpose of reviewing decisions or orders regarding the interpretation and application of the uniform codes and City codes by City officials, regarding any and all construction and the condition of structures.
(a) This Board is authorized to completely review the interpretation and/or application of the codes by a City Building Official, but is not authorized to review the administrative provisions of the codes, nor is the Board authorized to modify, waive, or alter the requirements of any codes.
(b) This Board shall consist of five (5) members, each of whom are trained and experienced in matters pertaining to building construction and the applicable codes. These members shall be appointed by the Mayor with the advice and consent of the Council. Each appointment is for a three (3) year term. Any member may be removed without cause. An appointment made in replacing a member, whose term had yet to expire, is for the remainder of that term. Layton City employees are not eligible to serve on this Board. The Layton City Building Official is an ex officio member of this Board and is the secretary thereof, however, said Official shall have no vote upon any matters before the Board.
(c) The presence of three (3) voting members shall constitute a quorum and a majority vote of those present shall be sufficient to determine issues substantive and procedural.
(i) The Board may elect a chair and vice-chair for the purpose of directing the hearing and other procedural matters. This election may be for a term certain or may be for a single hearing.
(ii) The Board may establish rules of procedure that contain more specificity than those provided in the codes so long as they are consistent therewith.
(iii) Evidence received by the Board shall be taken on oath or affirmation and may be presented in an order determined by the Board.
(iv) Decisions by the Board shall be in writing and shall be mailed to the appellant.
(v) A decision of the Board may be appealed to the City Manager, whose decision is final. Any such appeal must be filed with the office of the City Manager within ten (10) days of the decision of the Board. The type of hearing or review to be conducted by the City Manager will be at the City Manager's discretion.
(d) An appeal to this Board shall be in compliance with the applicable code provisions. Failure to comply with those requirements shall constitute a forfeiture of the appeals process.
(e) An appeal to this Board may be taken by any person aggrieved by a decision of the Building Official or an authorized City representative, or person authorized under this Title. Said person may appeal from such decision by filing a written notice of appeal with the Building Official, requesting an appeal hearing before the Building Code Board of Appeals. Said notice shall be in the form specified by the applicable code and shall be filed within the time established by the applicable code, but shall be no longer than thirty (30) days from the date of the order or decision of the City official. The Board of Appeals shall grant a hearing, and after consideration of the matter may uphold, modify, or reverse such decision.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 944, Amended, 12/5/1991
Ord. No. 97-17, Amended, 4/3/1997