2-3-15: APPEALS PROCESS:
A. Form Of Notice Of Appeal: Those matters subject to decision by a Board of Appeals under a Building Code may be appealed to the Board by filing a written notice of appeal with the town's building official. A notice of appeal shall contain all of the following information:
1. A heading in the words: "Before the Building Codes Board of Appeals of the town of Breckenridge".
2. A caption reading: "Appeal of", giving the name of the appealing party.
3. A brief statement setting forth the legal interest of the appealing party in the building or the land involved in the notice and order appealed from.
4. A statement that the appeal is based on a claim by the appealing party that either: a) the true intent of the applicable Building Code has been incorrectly interpreted; b) the provisions of the applicable Building Code do not fully apply; or c) an equally good or better form of construction is proposed by the appealing party. No other basis for an appeal shall be permitted.
5. A brief statement in ordinary and concise language of the specific order or action appealed from, together with any material facts claimed to support the contentions of the appealing party.
6. A brief statement in ordinary and concise language of the relief sought by the appealing party.
7. The signatures of the appealing party and the appealing party's mailing address.
8. The verification (by declaration under penalty of perjury) of the appealing party as to the truth of the matters stated in the appeal.
The Board shall not consider an appeal that is incomplete or untimely filed.
B. Filing Of Appeal: The appeal shall be filed within thirty (30) days from the date of issuance of an appealable order or appealable action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or adjacent property and is ordered vacated and posted in accordance with the Uniform Code for the Abatement of Dangerous Buildings, or other Building Code, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the building official.
C. Processing Of Appeal: Within five (5) days of receipt of a complete notice of appeal the building official shall notify the town manager of the filing of the appeal. The town manager shall then promptly appoint the members of the Board who will hear and decide the appeal.
D. Scheduling And Noticing Of Hearing Of Appeal: The Board shall conduct a hearing on each appeal that is timely and properly filed under this chapter. As soon as practicable after the town manager has appointed a Board to hear the appeal, the Board shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than ten (10) nor more than thirty (30) days from the date the appeal was filed with the building official, unless the appealing party agrees to a later hearing date. Written notice of the time and place of the hearing shall be given at least five (5) days (or such shorter time as may be agreed upon by the appealing party) prior to the date of the hearing to each appealing party by the town clerk, either by causing a copy of such notice to be delivered to the appealing party personally or by mailing a copy thereof, postage prepaid, addressed to the appealing party at the address shown in the notice of appeal. The Board may continue any hearing, upon timely request, for good cause shown, or upon its own initiative, and such rescheduled hearing date may be later than thirty (30) days from the date the appeal was filed with the building official.
E. Conduct Of Hearing: The following rules shall govern the conduct of an appeal hearing before the Board:
1. Scope Of Hearing On Appeal: Only those matters or issues specified by the appealing party in the appealing party's notice of appeal shall be considered, unless the Board for good cause determines to consider other issues.
2. Representation: Any person may appear or be represented by an authorized agent or an attorney at their own expense. An attorney who appears before the Board shall be required to state the name and address of all persons whom he or she has been authorized to represent at the hearing.
3. Right To Present Evidence And Cross-Examine Witnesses: Each party shall have the right to present such evidence as may be relevant, and to cross-examine all witnesses. The town's building official shall be deemed to be a party to any appeal filed under this chapter.
4. Testimony Under Oath: All testimony shall be given under oath or affirmation.
5. Rules Of Evidence: The strict rules of evidence shall not apply.
6. Audio Recording: An audio record shall be made of each hearing. The town clerk shall retain the original audio record as required by Town's Record Retention Policy. A copy of an audio record of a hearing shall be made available to any party upon written request and payment of a fee determined by the town clerk to be sufficient to reimburse the town for the cost of providing such copy. A court reporter may be employed by any party, at the expense of such party, to prepare a verbatim written record of the hearing.
7. Burden Of Proof: The burden of proof shall be on the appealing party. The burden of proof shall be by a preponderance of the evidence. "Preponderance of the evidence" means to prove that something is more probably true than not.
F. Decision: The Board shall render its decision based upon the evidence presented at the hearing and any written legal or other argument presented by the parties; the requirements of the applicable Building Code; and whatever additional evidence or knowledge that may be relevant. All decisions shall be issued within thirty (30) days after the hearing, and shall be transmitted in writing to the appealing party.
G. Staying Of Order Under Appeal: Enforcement of any order, decision, or determinations of the building official that is the subject of a notice of appeal shall be stayed during the pendency of an appeal. (Ord. 18, Series 2017)