§ 4-21. Construction board of adjustment and appeals.

(a)

Duties. There is hereby created a construction board of adjustment and appeals consisting of seven members appointed by the city council. The board shall hear all timely appeals made from decisions or interpretations of city officials authorized to implement and enforce this chapter.

(b)

Members.

Members of the board shall have a personal or business residence in the city, who shall be appointed for terms of two years or until their successors are appointed.

In order to provide for staggered terms beginning in July, 1998, terms of members of the board shall be as follows:

The terms of three members of the board shall expire on July 1, 2001; the terms of two members of the board shall expire on July 1, 2000; the terms of two members of the board shall expire on July 1, 1999. Thereafter, all members appointed to the board shall serve a two-year term.

At least one member of the board shall be a plumber duly licensed by the state and at least one member shall be an electrician licensed by the city. As near as practical, all other members of the board shall be qualified in one or more of the fields of fire prevention, building construction, sanitation, or health and public safety.

(c)

Quorum. Four members of the board shall constitute a quorum.

In varying the application of any provision of this chapter or in modifying an order of the building official, an affirmative vote of a majority of the members present, but not less than four shall be required. A board member shall not act in a case in which he has a conflict of interest.

(d)

Meetings. The board shall meet on the fourth Tuesday of each month and at such other times as may be required to expeditiously hear appeals to the board. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council, render such member liable to immediate removal from office.

(e)

Stay of proceedings. An appeal shall stay all proceedings of the action appealed from unless the building inspector certifies to the construction board of adjustment and appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated by him a stay would, in his opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed; otherwise, than by a restraining order which may be granted by the board or by a court of record on application on notice to the building inspector and on due cause shown.

(f)

Timeliness of appeal. Any appeal of the decision and/or interpretation of a building official must be made in writing to the board within 15 days of such decision. In the case of a condition which in the opinion of the building official is unsafe or dangerous, the building official may, upon advance written notice to the interested party, limit the time for such appeal to 72 hours.

(g)

Notice of hearing. The construction board of adjustment and appeals shall hold a hearing on all appeals so made to it and written notice of such hearing shall be mailed to the applicant not less than ten days before the date set for the hearing in writing, properly addressed, postage paid and deposited in the United States mail. All adjoining property owners shall be notified by mail not less than ten days of such hearing.

(h)

Procedure. The board shall establish regulations for the conduct of hearings not inconsistent with the provisions of this chapter. At any hearing, any interested party may appear in person, by agent, or attorney, and be heard. The burden of proof shall be on the appellant to show that the decision and/or interpretation of the building official is not supported by substantial evidence or is contrary to the provisions of this chapter.

(i)

Action of board.

(1)

The board may vary the application of any provision of this chapter in any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest.

(2)

The board shall in every case reach a decision without unreasonable or unnecessary delay. Each decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. The decision shall state the reasons of such decision. A true copy of the decision shall be sent to the appellant by certified mail at the appellant's last known address.

(j)

Appeal of board decision. Any person aggrieved by any other decision of the board or any other officer, department or board of the city may appeal the decision of the board to a court of record within Kaufman County, a petition setting forth the grounds for appeal, in whole or in part, and specifying the manner in which such decision was illegal. Such petition must be presented to a court of record within ten days after the filing of the decision of the board and set thereafter.

(k)

Fee for appeal. Any person appealing a decision of the building inspector shall pay a fee as provided for in the fee schedule found in Appendix 1 of this Code of Ordinances to the City of Terrell at the time such appeal is filed.

(Ord. No. 1529, 4-5-88; Ord. No. 1675, 3-17-92; Ord. No. 1936, § I, 8-4-98)