Chapter 16.35
ABATEMENT OF DANGEROUS BUILDINGS – APPEAL

Sections:

16.35.010    General.

16.35.020    Effect of failure to appeal.

16.35.030    Scope of hearing on appeal.

16.35.040    Staying of order under appeal.

16.35.010 General.

(a)    Form of Appeal. Any person entitled to service under KGBC 16.15.010(c) may appeal from any notice and order or any action of the director of public works under this code by filing at the office of the borough clerk a written appeal containing:

(1)    A heading in the words: “Before the Board of Building Appeals of the Ketchikan Gateway Borough.”

(2)    A caption reading: “Appeal of _______________,” giving the names of all appellants participating in the appeal.

(3)    A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(4)    A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

(5)    A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the protested order or action should be reversed, modified or otherwise set aside.

(6)    The signatures of all parties named as appellants and their official mailing addresses.

(7)    The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal.

The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the director of public works; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, health, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with KGBC 16.15.040, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the director of public works.

(b)    Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the borough clerk shall notify the board of building appeals that there is an appeal.

(c)    Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the chair of the board of building appeals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the borough clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the borough clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.50.010.]

16.35.020 Effect of failure to appeal.

Failure of any person to file an appeal in accordance with the provisions of KGBC 16.35.010 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.50.020.]

16.35.030 Scope of hearing on appeal.

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.50.030.]

16.35.040 Staying of order under appeal.

Except for vacation orders made pursuant to KGBC 16.15.040, enforcement of any notice and order of the director of public works issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.50.040.]