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161 Board of Building Code Appeals 1315.12 <br />? <br />l <br />1315.08 APPEAL TO BOARD. <br />Any person or any municipal officer or official or any public body aggrieved by the <br />action of the Building Commissioner may take an appeal to the Board of Building Code <br />Appeals. The Building Commissioner or any municipal officer or official or any public <br />body or any member of the Board of Building Code Appeals, may request a heaxing by the <br />Boaxd: on any subject over which the Board has jurisdiction or power, or may request the <br />Board to review or interpret any provision of this Building Code. <br />1315.09 TIME, FEE AND NOTICE OF APPEAL. <br />An appeal from any decision of the Building Commissioner may be taken within <br />thirty days from the date of the decision from which the appeal is taken by paying a fee <br />of thirty dollars ($30. 00) and filing with the Commissioner and with the Board of Building <br />Code Appeals a notice of appeal, specifying the grounds therefor. The Commissioner <br />shall forthwith transmit to the Board papers upon which the action appealed was taken. <br />1315.10 ACTION ON APPEALS, HEARINGS AND REVIEWS. <br />(a) Notice. The Board of Building Code Appeals shall hold a public hearing <br />on each appeal and shall give such notice to the Building Commissioner and other interested <br />parties as the Board shall direct and shall give such notice to the public by posting, - <br />publication or otherwise as the Board shall deem appropriate. At the hearing, any party <br />may appear in person, or by his agent or attorney. <br />(b) Evidence and Inspection. In passing upon appeals, the Board may require sub- <br />mission of evidence or proof to substantiate claims, and may require such additional <br />data and test which, in the opinion of the Board, are needed for adequate consideration of <br />the appeal. Any member of the Board or any person authorized by the Board may at any <br />time enter, inspect and examine any plans, building or structure for the purpose of <br />carrying out the duties of the Board. <br />1315.11 DECISIONS: RECORDS, FILING, POSTING. <br />The Board of Building Code Appeals shall in every case.reach a riecision without <br />unreasonable or unnecessary delay. Every decision of the Board shall be in writing and <br />shall indicate the vote upon a decision. Every decision shall be promptly filed in the <br />office of the Building Commissioner and shall be open to public inspection. A certified <br />copy shall be sent by mail or otherwise to the appellant or other interested party and <br />a copy shall be kept publiclyposted in the office of the Commissioner for two weeks after <br />filing. <br />1315.12 VARIATIONS AND MODIFICATIONS. <br />The Board of Building Code Appeals, after public hearing may vary the application of <br />any provision of this Building Code to any particular case when, in its opinion, enforcement <br />thereof would do manifest injustice, would be contrary to the spirit and purpose of this <br />Building Code or public interest or when, in its opinion, the interpretation of the Building <br />Commissioner should be modified or reversed. A decision of the Board to vary the <br />application of any provision of this Building Code or to modify an order of the Commissioner <br />shall specify in what manner such variation or modification is made, the conditions <br />upon which it is made and the reass2.ns_-therefor. <br />1982 Replacement