Chapter 18.14
APPEALS

Sections:

18.14.010    Appeal to the state.

18.14.020    Appeal to Building Board of Appeals.

18.14.030    Creation of Building Board of Appeals.

18.14.040    Appeal procedure.

18.14.050    Staying of order under appeal.

18.14.010 Appeal to the state.

(1) A person aggrieved by a decision made by the Building Official relating to the State Building Code shall first appeal to the appropriate State Specialty Code Chief Inspector of the Oregon Department of Consumer and Business Services, as required in OAR 918-008-0120. The decision of the Department Chief Inspector may be appealed to the appropriate state advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if state-mandated codes, in addition to the applicable specialty code, are at issue.

(2) Citations or penalties issued by the State Building Codes Division are entitled to judicial review in accordance with ORS 183.482. A person aggrieved by such a citation or penalty may request a judicial review by filing a petition with the Court of Appeals in Salem, Oregon, within 60 days from the date of the order. Such citations and penalties are not appealable through this section. (Ord. 5647 § 1 (Exh. A), 2006).

18.14.020 Appeal to Building Board of Appeals.

A person aggrieved by a decision made by the Building Official relating to any law, code, or regulation, other than a provision of the State Building Code, may appeal to the Albany Building Board of Appeals as set forth in this title. This shall serve as the appeal procedure for all decisions made by the Building Official pursuant to the dangerous buildings and the property maintenance chapters herein. (Ord. 5647 § 1 (Exh. A), 2006).

18.14.030 Creation of Building Board of Appeals.

(1) In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code, there shall be and hereby is created a Board of Appeals consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as secretary to said board, but shall have no vote on any matter before the board. The Board of Appeals shall be appointed by the City Council of the City of Albany and shall hold office at the Council’s pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

(2) The Board of Appeals makes determinations on a case-by-case basis, and shall have no authority relative to interpretation of the administrative provisions of this title, nor shall the board be empowered to waive requirements of this title. For example, the Board of Appeals may review the Building Official’s discretionary determination that a structure is dangerous, but not the ensuing remedy. (Ord. 5647 § 1 (Exh. A), 2006).

18.14.040 Appeal procedure.

(1) An appeal shall be in writing, shall describe the basis for the appeal, and shall first be filed with the Building Official. No appeal shall be timely unless it is actually received at the office of the Building Official within 14 days of the Building Official’s determination which is the subject of the appeal.

(2) Following receipt of such an appeal, the Board of Appeals shall convene and an opportunity for hearing shall be granted both to the appellant and to the Building Official or designee. The Building Board of Appeals shall notify all parties of the hearing date and time at least 10 days prior thereto. The Building Board of Appeals shall operate under such rules of procedure as it may, from time to time, promulgate.

(3) The decision of the Building Board of Appeals shall be rendered within 60 days of the Building Official’s receipt of the appeal, unless both parties stipulate to an extension of time. The Building Board of Appeals’ decision shall be in writing and shall be final upon receipt. All notices given by the Board shall be given to the appellant by first-class mail at the address indicated by the appellant on the notice of appeal and shall be deemed received three days after mailing.

(4) An appeal of the Building Board of Appeals’ decision shall be made in writing to the Albany City Council within 14 days of the Board’s notice of said decision.

(5) All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal. (Ord. 5647 § 1 (Exh. A), 2006).

18.14.050 Staying of order under appeal.

Except for vacation orders made pursuant to AMC 18.28.060, enforcement of any notice and order of the Building Official issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 5647 § 1 (Exh. A), 2006).