§ 22-12. Means/board of appeals.

(a)

General. The code official is hereby authorized and directed to enforce the provisions of the ICC Building Code, Residential Code, Electrical Code, Mechanical Code, Fuel Gas Code, Energy Conservation Code, Plumbing Code, Fire Code, and Property Maintenance Code as adopted and amended. The code official shall have the authority to render interpretations of the codes and adopt policies and procedures in order to clarify the application of its provisions in compliance with the intent and purpose of the code.

(b)

Application for appeal. Any person or entity directly affected by an interpretation of the code official or the code official's denial of alternative materials, methods and equipment under any code identified in subsection (a) of this section shall have the right to appeal to a board of appeals provided that a written application for the appeal is filed within 20 days after the date of the plan review, field inspection or finding is delivered to the person or entity. An application for appeal shall be based on a claim that the true intent of the code or rules adopted thereunder have been incorrectly interpreted, that the provisions of this code do not fully apply, or that the requirements of this code are adequately satisfied by other means. Prior to convening a board of appeals the city attorney will examine the written application to determine whether it prima facie satisfies a basis of appeal as specified in this section. Upon a determination by the city attorney that the appeal is a prima facie appeal, a board of appeals shall be convened.

(c)

Membership of the board. The board of appeals shall consist of three members who shall be appointed at the time of the appeal and who are qualified by experience and training to pass on matters pertaining to building and construction and who are not employees of the city. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed as follows: the code official and the appellant shall each submit three names of persons who are qualified by experience and training to pass on matters pertaining to the appeal. A draw shall be held in which one of each of the code official's and the appellant's nominated candidates for the board of appeal shall be drawn. The two selected members of the board of appeal shall then meet and select the third member of the panel. The board shall be appointed within 30 days of the written application for appeal. The third member shall act as chairman.

(d)

Burden of proceeding and proof. It shall be the appellant's burden to both proceed and prove that the appeal should be granted. The code official may respond to any evidence or argument submitted by the appellant. Both the code official and the appellant may be represented by counsel.

(e)

Compensation of members. Compensation of members shall be determined at the prevailing hourly rate in the industry for persons of similar experience and training.

(f)

Notice of the meeting.

(1)

The board shall meet upon notice from the chairman within 20 days of its appointment.

(2)

All hearings before the board shall comply with the Illinois Open Meetings Act. A quorum shall consist of not less than all three members of the board.

(g)

Board decision. The board shall sustain, modify or reverse in part or in whole the decision of the code official only by a concurring vote of a majority of the members.

(1)

Records and copies. A record of proceedings before the board shall be maintained by recording or transcript prepared by a court reporter.

(2)

Administration. The code official shall take immediate action in accordance with the decision of the board unless the city council authorizes the code official to file an administrative review action of the board's decision.

(h)

Court review. Any review of the board's action by a court of law shall be only based upon the record before the board and in conformance with administrative review burdens and standards established under state law.

(i)

Costs. Any appellant losing the appeal shall reimburse the city for all costs and expenses incurred in consequence of the proceedings before the board, including compensation of members as provided for in subsection (e) of this section. The code official may withhold building or occupancy permits until the sum is paid. If the appellant prevails by final non-appealable order, the city and the appellant shall each bear one-half of the total costs and expenses of the proceedings before the board.

(Code 1996, § 22-12; Ord. No. F-1044, § 1, 5-16-2005; Ord. No. F-1774, § 3, 4-21-2014)