HomeMy WebLinkAbout2006-08-07-Ordinance 2587_Board of Appeals, Establish ProcedureORDINANCE NO.2587
AN ORDINANCE TO AMEND CHAPTER 403,WAUKEE MUNICIPAL CODE,BY
REPEALING SECTION 403.3 AND ADDING AND ENACTING THERETO SECTIONS
403.3,403.4,403.5 AND 403.6 TO ESTABLISH APPEAL AND HEARING
PROCEDURES FOR THE WAUKEE BOARD OF APPEALS AS SPECIFIED BELOW:
WHEREAS,the City of Waukee has determined to establish appeal and hearing
procedures for the Waukee Board of Appeals.
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1.The Waukee Municipal Code is hereby amended by repealing Section 403.3
and enacting and adding thereto Sections,403.3,403.4,403.5 and 403.6 as follows:
Section 403.3.PoweTs of the Board.
The Board shall have the power to hear and determine the suitability of alternate
materials,types of construction,and to provide reasonable interpretation to the provisions
of the Codes.
The Board is empowered to hear and determine City Code appeals where Code
provisions provide for appeals to the Appeal Board.
Section 403.4.Appeal Procedure;Time for Hearing.
A.Filing Petition for Appeal;Fee.Any person aggrieved by any decision made by
the Building Official regarding the Codes may appeal to the Board.The appeal
shall be perfected by filing with the Deputy City Clerk within ten (10)days from
the date of the decision by the Building Official,a written petition requesting a
hearing of the appeal setting forth the particular section of the Code involved and
a detailed statement of the grounds and reasons why the decision made should be
modified or vacated.A one hundred dollar ($100.00)filing fee shall be filed with
the petition for appeal to cover the administrative cost and publication cost and
shall be made payable to the City and directed to the Deputy City Clerk.
Failure to file a timely written petition as required herein shall constitute a waiver
of the right to appeal and the decision of the Building Official shall constitute a
final determination.
B.Schedule of Hearing.Upon receipt of a timely filed written petition with the
Deputy City Clerk,and the appropriate filing fee,the Deputy City Clerk shall
promptly notify the chairperson of the Board and the Building Official of the
appeal.The Deputy City Clerk shall arrange a time and place for hearing on the
appeal.Written notification of the time,place and nature of the hearing shall be
given to the petitioner and the Board members within ten (10)days after the
petition is filed with the Deputy City Clerk.I
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Hearing shall be scheduled no later than thirty (30)days after the date on which
the petition was filed and may be extended for a reasonable period by the
chairperson upon written request of the petitioner or Building Officials,for good
cause shown.
The failure of a petitioner to appear at a scheduled hearing of an appeal,the Board
may proceed with the hearing and make a decision in the absence of the
petitioner.
Section 403.5.Hearing Procedure.
A.The hearing shall be open to the public and shall be recorded either by mechanical
or manual means.Opportunity shall be afforded all parties to respond and present
evidence and argument on all issued involved.Parties may represent themselves
or may be represented by legal counsel.
B.Irrelevant,immaterial or unduly repetitious evidence may be excluded.A fmding
shall be based upon the kind of evidence on which reasonable prudent persons are
accustomed to rely for the conduct of their serious affairs,and may be based upon
such evidence even if it would be inadmissible in a court of law.The Appeals
Board shall give effect to the rules of privilege recognized by law.Objections to
the evidentiary offers may be made and shall be noted in the record.Subject to
these requirements,when a hearing will be expedited and the interest of the
parties will not be prejudiced substantially,any part of the evidence may be
required to be submitted in verified written form.
C.Documentary evidence may be received in the form of copies or excerpts,if the
original is not readily available.Upon request,parties shall be given an
opportunity to compare the copy with the original,if available.
D.Witnesses at the hearing,or available persons whose testimony has been
submitted in written form,shall be subject to cross-examination by any party as
necessary for a full and true disclosure of the facts.
E.The Board's experience,technical competence and specialized knowledge may be
utilized in the evaluation of the evidence.
F.The chairperson of the Board or his or her designee shall conduct the hearing and
have power to administer oaths.The Board may cause subpoenas to be issued for
such witnesses and the production of such books and papers as either party may
designate.The subpoenas may be signed by the chairperson of the Board.
G.No hearing shall be valid unless a majority ofthe Board is present and no decision
at the hearing shall be valid and binding unless reached by a majority of all
members of the Board.
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Section 403.6.Decision.
The Board shall file its decision with the Deputy City Clerk.Appeal of the Appeals
Board's decision shall be by judicial review by the Dallas County District and shall be
filed within twenty (20)days from the date of the Appeals Board's decision.
Section 2 Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional,
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 7th day of August,2006,and approved this 7'h day of August,2006.
Attested:
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