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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 Page I oB 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. Page 2 of3 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: I Page 3 on