§ 155.06. BOARD OF APPEALS.

A Board of Appeals is hereby created. The Council shall approve Mayoral appointment of a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction.

(Code of Iowa, Sec. 103A.13; IAC 630-5.3[5])

1. Term. Board members are appointed for staggered terms of five (5) years. Any vacancy shall be filled for the unexpired portion of the term.

2. Compensation. All members shall serve without compensation.

3. Secretary. The Board shall appoint a person to serve as the Secretary of the Board. In the absence of the Secretary, the Chairperson may appoint another to serve for the meeting. The Secretary shall keep minutes of proceedings; showing the vote of each member upon question, or if absent or failing to vote, indicating such fact and shall keep records of any official actions, all of which shall be filed in the office of the Clerk.

4. Chairperson and Meetings. The Board shall annually elect a Chairperson at the first meeting on or after January 1 of each year. The Board shall have the power to call on any City department for assistance in the performance of its duties and it shall be the duty of each department to render such assistance.

5. Quorum. The presence of three (3) members shall be necessary for a quorum and the concurring vote of three members of the Board shall be necessary on all matters upon which it is required to consider. The Chairperson or acting Chairperson is a voting member of the Board.

6. Rules and Regulations. The Board shall adopt, from time to time, subject to the approval of the Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.

7. Appeals. Appeals to the Board may be taken by any person aggrieved, or by any officer, department or board of the City affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Building Official written notice of appeal specifying the grounds thereof. The Building Official shall transmit to the Board all papers constituting the record upon which the action appealed from is taken. All decisions of the Board relating to alternate materials and methods must be forwarded to the State Building Code Commissioner for review and may be denied by the commissioner.

8. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board that a stay would, in the opinion of the Building Official, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the officer from whom appeal was taken on due cause shown.

9. Powers. The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of State law or any ordinance adopted pursuant thereto. The Board shall have the power to review requests for use of alternate materials and methods of construction as prescribed in Section 103A.13 of the Code of Iowa. Persons submitting such request shall provide sufficient evidence or proof to substantiate any claim that may be made regarding alternate use. If the Board approves such request, the action shall be submitted to the State Building Code Commissioner for approval. The approval of the Board is not effective until approved by the State Building Code Commissioner in writing.

10. Initiation of an Appeal. An application by an aggrieved person for an appeal shall be filed with the Building Official. The application shall be accompanied by adequate drawings and other descriptive materials constituting a record essential to understanding the appeal requested. The application shall also be accompanied by a fee of twenty-five dollars ($25.00) payable to the General Fund of the City.

11. Notice of Meeting. Notice of the time and place of the Board’s meeting and of the purpose shall be given by the Building Official not less than twenty-four (24) hours prior to the meeting.