15.10.140 Means of appeal.
A. General. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals; provided, that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served and the appeal fee has been paid. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
B. Building Code Commission. The building code commission shall be the board of appeals and shall hear all matters or issues raised on appeal of any notice and order of the building official in the manner provided in Section 15.50.100.
C. Membership of Board. The board of appeals shall consist of three members of the building code commission: the chairman, vice chairman and a member at large who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees or elected officials of the jurisdiction. The code official shall be an ex officio member and serve as secretary but shall have no vote on any matter before the board. The board shall be appointed by the mayor, and shall serve staggered and overlapping terms.
1. Alternate Members. The mayor shall appoint not less than two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
2. Chairman. The board shall annually select one (1) of its members to serve as chairman of the board of appeals.
3. Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest or who did not hear the evidence presented at the public hearing.
4. Quorum of Appeals Board. A majority of the total membership of the board of appeals shall constitute a quorum and shall be necessary for conducting the hearing on appeal; provided, however, that members who have been disqualified or have disqualified themselves for any conflict of interest or in the interest of the appearance of fairness shall not be counted in determining the number of members necessary to constitute a quorum.
5. Board Authority. The board shall have the authority to affirm, modify, or reverse the order of the building official, or remand the case to the building official for further proceedings. The board shall summarily dismiss an appeal which is determined on its face to be without merit, frivolous, or brought merely for the purpose of delay.
6. Written Decision of Appeals Board. Within fourteen (14) days after the hearing the board shall issue a written decision containing findings of fact and conclusions and shall mail copies of the decision to the parties of record. The decision of the board shall be the final decision of the city and shall have the same effect as a decision of the building official issued pursuant to Section 15.10.100.
7. Recording. The decision and order of the board shall be filed by the building official with the Grays Harbor County Auditor.
D. Notice of Meeting. The board shall meet upon notice from the chairman, within twenty (20) days of the filing of an appeal, or at stated periodic meetings.
E. Open Hearing. Hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds (2/3) of the board membership.
1. Procedures. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The following procedures are required for all appeals of the code official:
a. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board.
b. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved.
c. The board may grant continuances for good cause.
d. The board of appeals or appellants may obtain the issuance and service of a subpoena for the attendance of witnesses or the introduction of other evidence.
e. Oral evidence shall be taken only on oath or affirmation.
f. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in and of itself to support a finding.
g. The board of appeals may inspect any building or premises involved in the appeal before the hearing or during the course of the hearing; provided, that: (1) notice of such inspection shall be given to the parties before the inspection is made; and (2) the parties are given an opportunity to be present during the inspection.
h. Parties to the appeal shall have the right to call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called him to testify; to rebut the evidence against him; and to represent himself or to be represented by an attorney.
F. Postponed Hearing. When the full board is 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.
G. Board Decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.
1. Administration. The code official shall take immediate action in accordance with the decision of the board.
H. Petition to Superior Court. Any person who has standing to file a land use petition in the Superior Court of Grays Harbor County may file such a petition within twenty-one (21) days of issuance of the board’s decision pursuant to subsection (C)(6) of this section, as provided by Section 705 of Chapter 347 of the Laws of 1995.