Chapter 15.04
BOARD OF APPEALS

Sections:

15.04.010    Established – Composition.

15.04.020    Authority.

15.04.030    Filing of appeals.

15.04.035    Hearing notice.

15.04.040    Hearing scheduling – Records transmittal.

15.04.050    Options of board.

15.04.055    Hearing rules.

15.04.060    Findings and decision deadline.

15.04.070    Notice of decision.

15.04.080    Appeal from board.

15.04.010 Established – Composition.

A board of appeals is created to determine the suitability of alternative materials and methods of construction and to provide for reasonable interpretation of the building code, fire code, mechanical code, plumbing code, housing code, dangerous building code, sprinkler regulations and any other building regulations or codes designated by ordinance after the effective date of the ordinance codified in this section. The board of appeals shall consist of five members, all of whom shall serve without compensation, who shall be qualified by experience and training to pass upon matters pertaining to the various codes. The city shall maintain a list of individuals who are qualified by experience and training to interpret the various codes. At the time an appeal is filed the mayor shall appoint five individuals from the list maintained by the city who are qualified to pass upon the subject matter of the appeal. The appeal board so appointed shall serve until the matter on appeal has been concluded. (Ord. 1427 § 1, 1988: Ord. 1350 § 1, 1986)

15.04.020 Authority.

The board of appeals shall have the authority to hear and decide appeals of orders, decisions or determinations made by the building official, fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) or their designees relative to the application and interpretation of the adopted codes designated by ordinance after the effective date of the ordinance codified in this section. The board of appeals shall have no authority relative to interpretation of the administrative provisions of adopted codes nor shall the board be empowered to waive requirements of the Washington State mandated codes. The board of appeals is empowered to waive local amendments to the adopted codes. (Ord. 2200 § 9, 2007: Ord. 1685 § 1, 1995: Ord. 1427 § 2, 1988: Ord. 1350 § 2, 1986)

15.04.030 Filing of appeals.

Appeals may be filed with the board of appeals by any person aggrieved, or by any officer, department or board of the city affected, by any decision of the building official, fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue), or their designees. Such appeal shall be filed in writing and shall be filed in duplicate with the board of appeals within 20 days from the action being appealed, together with a nonrefundable fee of one-half of the permit fee of the matter from which the appeal is taken, unless otherwise specified. A written appeal shall contain:

A. A heading in the words: “Before the Board of Appeals of the City of Sumner”;

B. A caption reading: “Appeal of ____,” giving the names of all appellants participating in the appeal;

C. 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;

D. A brief statement in ordinary and concise language of the specific order or action appealed, together with any material facts claimed to support the contentions of the appellant;

E. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the appealed order or action should be reversed, modified, or otherwise set aside;

F. The signatures of all parties named as appellants, and their official mailing addresses;

G. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Ord. 2200 § 10, 2007; Ord. 1511 § 2, 1991; Ord. 1427 § 3, 1988: Ord. 1350 § 3, 1986)

15.04.035 Hearing notice.

Upon filing of a legal and sufficient appeal, the board of appeals shall schedule a hearing. Notice of the hearing shall be provided to the applicant, property owner, building official, fire marshal and any other parties who have stated an interest in the proceeding. (Ord. 1685 § 2, 1995)

15.04.040 Hearing scheduling – Records transmittal.

Upon the filing of an appeal with the board of appeals, the matter shall be set for hearing, and notice given. Upon receiving notice of the appeal, the building official shall forthwith transmit to the board of appeals all the records pertaining to the decision being appealed. (Ord. 1350 § 4, 1986)

15.04.050 Options of board.

The board of appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the building official or fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) from whom the appeal is taken, insofar as the decision of a particular issue is concerned, and in making its determination the board of appeals may hear any facts bearing on the case. (Ord. 2200 § 11, 2007: Ord. 1350 § 5, 1986)

15.04.055 Hearing rules.

The board of appeals shall conduct all meetings subject to the applicable state laws. The board of appeals may establish rules of procedure by proposing and requesting such rules be adopted by the city council. (Ord. 1685 § 3, 1995)

15.04.060 Findings and decision deadline.

Not more than 40 days after the termination of the proceedings of the hearing on the appeal, the board of appeals shall announce its findings and decision and the record shall recite the findings and facts upon which the board of appeals made its determination. (Ord. 1350 § 6, 1986)

15.04.070 Notice of decision.

Following the rendering of a decision by the board of appeals, a copy of the written decision shall be mailed to the appellant at the address shown on the notice of appeal filed with the board of appeals and to the building official, and to any other person involved in the case who requires a copy. (Ord. 1350 § 7, 1986)

15.04.080 Appeal from board.

The decision of the board of appeals shall be final and conclusive unless within 10 days from the date of the action the appellant files a petition for writ of certiorari to the Superior Court of the State of Washington for Pierce County. The filing of such petition within such time limit shall stay the effective date of the order of the board of appeals until such time as the appeal is then adjudicated or withdrawn. (Ord. 1350 § 8, 1986)