Chapter 2.80
BUILDING BOARD OF APPEALS

Sections:

2.80.010    Board created.

2.80.020    Rules and regulations.

2.80.030    Rate of compensation established.

2.80.040    Investigation and notification.

2.80.050    Right to appeal.

2.80.010 Board created.

The Board of Appeals shall consist of five members, to be appointed by the City Council, who are qualified by experience and training to pass upon matters pertaining to building construction. They shall determine the suitability of alternate materials and types of construction and provide for reasonable interpretation of the provisions of the building code. The building official shall be an ex-officio member, and shall act as secretary of the board. (Code 1997 § 2-8-1).

2.80.020 Rules and regulations.

The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the council such new legislation as is consistent therewith. (Code 1997 § 2-8-2).

2.80.030 Rate of compensation established.

Each and every member, excepting elective officials, of the following agencies of the City of Gunnison, namely, the Zoning Board of Adjustments and Appeals, the Planning and Zoning Commission, and the Building Board of Appeals, shall be compensated at a rate of $50.00 for each and every meeting of the board or commission which the member attends. (Ord. 5-2005 § 2; Ord. 10-2000 § 2; Code 1997 § 2-8-3).

2.80.040 Investigation and notification.

The building official charged with enforcement of the city building codes set forth in GMC Title 14 shall send written notification to any property owner found to be in violation of such codes. Notification shall identify the methods, actions, procedures, or materials which are deemed to be in violation of such codes. Each notice shall specifically state the applicable code section which has been violated. If danger to property or persons is imminent, the building official may order that the danger be removed or the building official may take such steps as necessary to alleviate said danger. (Code 1997 § 2-8-4).

2.80.050 Right to appeal.

Any person deemed to be in violation of any of the provisions of the codes included in GMC Title 14 shall have the right to appeal such order or determination of the building official concerning interpretation of these codes. A written appeal must be submitted to the building department within five days of receipt of written notification of said violation. A meeting of the Building Board of Appeals shall be called to render a decision on such appeal within 30 days of receipt. The appellant, or his representative, may be present at said meeting.

If the Building Board of Appeals finds that the appellant is not in violation of said code, all stop work orders and other correction orders pertaining to the appeal shall become null and void.

If the appellant is found to be in violation of the pertinent codes, the appellant shall take such action as is necessary to correct the violation. In the event that the responsible party fails and refuses to make the proper corrections, all stop work orders and other correction orders shall remain in effect and the building official shall take whatever action is necessary to abate said violation. (Code 1997 § 2-8-5).