Skip to main content
Loading…
This section is included in your selections.

A. The owner may appeal the nonissuance of a certificate of compliance by filing a written notice of appeal with the director within ten (10) calendar days following receipt of the notice of nonissuance. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect. The notice of appeal must be accompanied by an appeal fee in accordance with the fee scheduled adopted by resolution of the city council. A timely notice of appeal shall stay the effect of the notice of nonissuance until the city’s building code commission or other hearing body issues a written decision on the appeal.

B. Upon timely filing of a notice of appeal, the director shall schedule a hearing on the appeal before the city’s building code commission or other hearing body. The hearing shall be conducted no later than thirty (30) business days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the building code commission or other hearing body for good cause shown. Notice of the hearing will be mailed to the owner.

C. The hearing shall be de novo. The decision of the building code commission or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The building code commission or other hearing body may affirm, reverse or modify the director’s decision.

D. Within twenty (20) business days, excluding holidays recognized by the city of Aberdeen, from the date of the hearing on an appeal under this section the building code commission or other hearing body shall issue a written decision, which shall set forth the reasons therefor.

(Ord. 6634 § 2, Added, 12/12/2018)