A. Appeal Procedure. Any: (a) final decision relating to the suitability of alternate materials and methods of construction or (b) final decision of the demolition review committee or (c) an interpretation or final decision by the building official, including the imposition of administrative penalties, with regard to the City of Ashland Building Code may be appealed to the Building Board of Appeals in conformance with procedures provided in the applicable section of the building code. Appeals shall be filed in the City Administration offices by the deadline. An appeal shall include the applicable appeal fee or deposit as applicable. Failure to strictly comply with the applicable appeal requirements, including but not limited to time for filing and payment of the applicable appeal fee, if any, shall be a jurisdictional defect and shall subject the appeal to summary dismissal in accordance with paragraph B of this section. When the specific applicable code does not contain an appeal timeframe, the time to appeal a decision (including administrative penalty) or interpretation shall be 15 days, unless an order to vacate has been posted, in which case it shall be within 10 days. The board of appeals may charge an unsuccessful appellant the cost of the appeal, including the cost of a hearing officer, if the board makes findings that the appeal is frivolous and either finds against the appellant after a hearing or dismisses the appeal. Failure to pay the costs within 60 days of receipt of said billing shall result in a lien on the appellant’s property.
B. Scheduling. The building official shall schedule a meeting of the board within 30 working days of the filing of the appeal. The board of appeals shall determine at this meeting whether to grant a hearing or dismiss the appeal. The appeal shall be dismissed if the board finds that the appeal does not meet the criteria in paragraph A of this section. If the appeal is dismissed, the building official’s decision is final. The hearing shall be held as soon as reasonable, after the board meeting. The decision and findings shall be mailed to all persons who appeared before the Board. The Administrator of the State Building Codes Division shall be furnished copies of decisions interpreting state building code requirements. (Ord. 3003, amended, 02/18/2010; Ord. 2925, amended, 04/18/2006; Ord. 2878, amended, 12/04/2001)