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28.03.040 Appeals.

(Replaced by Ordinance No. 187664, effective May 6, 2016.)

A.  Appointment of Floating Structures Code Board of Appeal.  In order to hear appeals of final decisions of the Building Official made under Section 28.03.035, there has been created a Floating Structures Code Board of Appeal, consisting of four members and three alternates appointed by the Mayor and approved by the City Council.

1.  Each member and alternate member must be qualified by experience and training to make decisions pertaining to the Building Code and the construction and maintenance of floating structures and moorage facilities.  One member will be from the Building Code Board of Appeal as constituted by City Code Section 24.10.080, one member and one alternate must be an architect or engineer knowledgeable in the design of floating structures, one member and one alternate must be knowledgeable in the construction, maintenance and repair of floating structures, and one member and one alternate must be from one of the following interest groups: a for-profit moorage representative; a non-profit moorage representative; a yacht club representative; or a floating home resident. 

2.  Floating Structures Code Board of Appeal appointments shall be for 3-year terms.  Appeal Board members may serve no more than two complete 3-year terms, unless the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  Vacancies occurring prior to the end of a term for whatever cause may be filled by qualified persons through appointment by the Mayor for the remainder of the term.

3.  Any member may be removed by the Mayor for incompetence, dereliction of duty, incapacity or other sufficient cause.

4.  Members of the Floating Structures Code Board of Appeal shall comply with the State ethics laws applicable to public officials.

5.  Members of the Floating Structures Code Board of Appeal shall serve in a voluntary capacity and without pay.

B.  Appeals to the Floating Structures Code Board of Appeal.  The Floating Structures Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official or Director related to the application and interpretation of this Title or the Building Code.  The Floating Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board, Building Official or Director related to the decision being appealed.  A hearing will be held within 45 days after an interested party submits a written appeal to the Floating Structures Code Board of Appeal.  A panel of at least three Floating Structures Code Board of Appeal members will hear each appeal, one of whom must be a member of the Building Code Board of Appeal.  The Board may, by a majority vote, affirm, annul, or modify the decision.  In the event of a tie vote, the appeal shall be considered denied.

C.  Powers and Limitations of Authority of the Floating Structures Code Board of Appeal.  The Floating Structures Code Board of Appeal may provide reasonable interpretations of the requirements of this Title and the applicable Building Code and may grant an appeal if the Board finds one of the following:

1.  the Building Official or Director did not correctly apply or interpret this Title or the Building Code;

2.  special individual reasons make application of the strict letter of this Title or the Building Code impractical, the modification is in compliance with the intent and purpose of this Title or the Building Code, and such modification does not lessen health, life and fire safety or structural requirements of the floating structure; or

3.  any alternative material, design or method of construction and equipment complies with the intent of this Title and the Building Code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Title or the Building Code in quality, strength, effectiveness, fire resistance, durability, and safety.  The Floating Structures Code Board of Appeal may not waive the requirements of this Title or the applicable Building Code.

Any person aggrieved by a final decision of the Floating Structures Code Board of Appeal may, within 30 days after the date of the decision, appeal to the appropriate advisory board of the State of Oregon Department of Consumer and Business Services.