It is the intention of the city to provide a methodology for appealing decisions of the code official that are both fair and efficient. Therefore, this chapter merges existing appeal procedures found in the city code of ordinances related to new construction and property maintenance.

(Ord. 7816, passed 2-2-96)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   "CITY." City of Danville, Illinois.

   "CODE." Any requirement adopted, at any time, by the city regulating the construction, installation, modification, alteration or maintenance of structures, equipment and land uses and published in the city code of ordinances, except for the zoning ordinance and the subdivision regulations.

   "CODE OFFICIAL." The director of the city department of development services, or his/her assigns.

   "DEPARTMENT." The city department of development services.

(Ord. 7816, passed 2-2-96)

   There is hereby established a city board of appeals. Said board shall have the authority to hear appeal from decisions made by the code official in regards to any code.

(Ord. 7816, passed 2-2-96)

   The mayor of the city, with the consent of the city council, shall appoint nine persons to the board of appeals. All members shall reside within the city, except that one member may live outside of the city provided said member must own land or maintain a business address in the city. At least one member shall be an architect. At least one member shall be a general contractor. At least one member shall be a member of the human relations commission. The remaining members shall be unrestricted, but preference shall be given to individuals with knowledge of structural engineering, construction, the law, finance and neighborhood revitalization. Members shall be appointed to initial terms ranging from one to five years. Thereafter, new appointees shall serve three-year terms or until a successor is appointed.

(Ord. 7816, passed 2-2-96)

   The mayor shall select one member to serve as chairman. During his/her initial term, the chairman shall serve for the entire term. Thereafter, a chairman shall serve for three-year terms. A specific chairman may serve consecutive terms if re-approved by the mayor. The chairman must reside in the city.

(Ord. 7816, passed 2-2-96)

   A member shall not hear an appeal in which that member has any personal or professional financial interest. (See §§ 30.20 through 30.34 for further guidance.)

(Ord. 7816, passed 2-2-96)

   The mayor shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the mayor and the code official.

(Ord. 7816, passed 2-2-96)

   The Board shall not receive any compensation.

(Ord. 7816, passed 2-2-96)

   Any person directly affected by a decision of the code official or a notice or order issued under any code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within ten calendar days after the day the decision, notice or order was served. Forms for filing an appeal shall be available during normal business hours in the office of the code official.

(Ord. 7816, passed 2-2-96)

   (A)   An application for appeal shall be based on a claim that:

      (1)   The true intent of the code, or the rules legally adopted thereunder have been incorrectly interpreted,

      (2)   The provisions of this code do not fully apply, or

      (3)   The requirements of this code are adequately satisfied by other means.

   (B)   If, in the opinion of the city's legal advisor, an appeal is based on any other claim, said appeal shall not be allowed, the board of appeals shall not meet to hear the appeal, and the code official shall proceed with appropriate enforcement actions. If a request for a hearing before the board is denied, the appellant may proceed to a court of competent jurisdiction to seek a remedy.

(Ord. 7816, passed 2-2-96)

   The board shall meet upon notice from the chairman, or the code official, within ten days of the filing of an appeal, or at a regularly scheduled meeting. Notice shall be provided to the public and parties directly affected by the appeal according to law.

(Ord. 7816, passed 2-2-96)

   All hearings before the board shall be open to the public, and all formal decisions affecting an appeal shall be made in public. The appellant, appellant's representative, the code official, and any person whose interests are directly affected shall be given an opportunity to be heard.

(Ord. 7816, passed 2-2-96)

   The board shall adopt and make available to the public through the secretary, procedures or bylaws under which the board will function and hearings will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.

(Ord. 7816, passed 2-2-96)

   When a quorum of members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. The chairman is obligated to inform an appellant of this option if relevant. The chairman shall also have the authority to postpone a hearing in these circumstances. In no case shall the board make a final decision related to a specific appeal unless at least three members are present at the time of a vote.

(Ord. 7816, passed 2-2-96)

   The board may modify or reverse the decision of the code official by a concurring vote of a simply majority of members present at the time of the vote.

(Ord. 7816, passed 2-2-96)

   Decisions of the board shall be by resolution. Signed and attested copies shall be furnished to the appellant and to the code official.

(Ord. 7816, passed 2-2-96)

   The code official shall take immediate action in accordance with the decision of the board.

(Ord. 7816, passed 2-2-96)

   Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of a board decision in the office of the code official.

(Ord. 7816, passed 2-2-96)