2.32.080 Appeals.
A. Whenever an appeal is filed, pursuant to the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Electrical Code, or Uniform Fire Code questioning an interpretation of any of such codes by the administration or questioning an administrative decision concerning the suitability of alternate materials or types of construction, the building official, or fire chief in the case of appeals from the Uniform Fire Code, will immediately contact by phone the authors of the respective codes for their interpretation and discuss these with the appellant. If the building department and the appellant fail to agree on the solution, a copy of the appeal and a report of the author's interpretation along with written reports from both the appellant and the building department shall be delivered to the chairman of the commission and the chairman of the commission shall appoint an ad hoc appeal board and shall schedule an appeal within two working days. Such board shall be appointed from commission members and shall consist of five members whom the chairman deems qualified to consider the technical questions presented by the appeal. The ad hoc appeal board shall give written notice to the appellant, and the department making the decision from which the appeal is made, of a time and place for the hearing of such appeal which shall be held in five working days of the appointment of the ad hoc appeals board. The board shall make a written decision within five working days of the appointment of the ad hoc appeals board; this time, however, may be extended by mutual agreement of the parties. The affirmative vote of three members of the ad hoc appeals board is necessary to reverse the determination of the department.
B. All appeals must be in writing and shall specify the decision appealed from and the resolution suggested by the appellant, along with the grounds for such decision. All appeals to the board shall be served upon the chairman or the building official of the city of Aberdeen, or the fire chief in the case of appeals arising out of the Uniform Fire Code, and must be filed within thirty (30) days of the decision which is being appealed.
C. The appeals board shall make a record of the appeal. It shall hear evidence from the appellant and from the administration and may consider the interpretations of the authors of the respective codes as reported by the appellant or the city department.
D. The appeals board shall give written notice of its decision to the secretary with a duplicate copy to the appellant.