HomeMy Public PortalAboutOrdinances-2008-294 CITY OF TIFFIN ORDINANCE NO 2008-294
AN ORDINANCE ESTABLISHING A BUILDING INSPECTION BOARD OF APPEALS
Section 1. Building Inspection Board of Appeals: The Board of Appeals will consist of five
members appointed by the City Council. Membership will consist of three-year terms. The initial terms will
be staggered. The building inspector will serve as an ex officio member and set as secretary to the board,but
will not vote on any matters before the board.
Section 2. Procedure for the Board:
A. Jurisdiction. Any person aggrieved by a decision of the building official or the fire chief
with regard to the building code, plumbing code, electrical code,mechanical code,
or fire code may file an appeal to the board of appeals within 30 days of the
decision.
"Decision"means any decision,determination, direction, notice,finding, or order of
the building official or the fire chief.
B. Application. In order to file an appeal,the aggrieved party must complete a form provided
by the city,and pay a filing fee. In the application,the aggrieved party filing
the appeal must set forth all code provisions applicable to the appeal,attach
relevant supporting documentation, and explain the basis for the appeal.
C. Authority. The board of Appeals,may,when in quorum of at least three board members
are present,by majority vote,reverse a decision by the building official or
the Fire Chief based on the building code,plumbing code, electrical code,
mechanical code,or fire code if it finds that:
1. There are practical difficulties involved in carrying out the provisions of
This code. "Practical difficulties"means that: a)the strict letter of the code is
impractical; b)the modification is in conformance with the intent and purpose
of this code; and c)the modification does not lessen
any fire protection requirements or any degree of structural integrity; or
2. Any material,alternate design, or method of construction,not specifically
prescribed by this code, is appropriate. Any material,alternate design, or
method of construction is appropriate if: a)the proposed design is satis-
factory and complies with the provision of this code; and b)the material,
method or work offered is,the purpose intended,at least the equivalent of
that prescribed in this code in suitability, strength,effectiveness, fire
resistance, durability, safety, and sanitation or;
3. If the building official has incorrectly interpreted a provision of the code;
or
4. If the provisions of the code do not fully apply,
D. Hearing. The application must be advised in writing of the time and place at least three
calendar days before the hearing. At the hearing,the party filing the appeal will
have an opportunity to present evidence and make arguments to the Board.
E. Fees. Fees for filing an appeal will be set by resolution of the City Council. The fees
Collected for each appeal must be paid to the city prior to hearing of the appeal.
F. Effective Date. This ordinance becomes effective upon posting and publication as required
By law.
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On the 10th day of September,2008, at a regular meeting of the Tiffin City Council,Tiffin, Iowa,
Councilperson Mike Gericke introduced Ordinance No.2008-294, and moved that it be given its first
reading. The motion was seconded by Councilperson John Wright.
AYES: Chris Ball,Jim Bartels,Mike Gericke,Mark Petersen,John Wright.
NAY: None
ABSENT:None
Five members of the City Council being present and five having voted"Aye",Mayor Phillips declared the
motion carried, and Ordinance 2008-294,was read the first time and discussed and placed on record.
On the 8th day of October,2008,at a regular meeting of the Tiffin City Council,Tiffin, Iowa Councilperson
John Wright, made the motion that Ordinance 2008-294 be given its second reading and seconded by
Councilperson Mike Gericke.
AYES: Chris Ball,Jim Bartels,Mike Gericke,Mark Petersen,John Wright.
NAY: None
ABSENT:None
Five members of the City Council being present and five having voted"Aye",Mayor Phillips declared the
motion carried, and Ordinance 2008-294,was read the second time and discussed and placed on record.
On the 12th day of November,2008,at a regular meeting of the Tiffin City Council,Tiffin,Iowa
Councilperson Chris Ball,made the motion that Ordinance 2008-294 be given its second reading and
seconded by Councilperson Mark Petersen.
AYES: Chris Ball,Jim Bartels,Mark Petersen,John Wright.
NAY: Mike Gericke
ABSENT:None
Five members of the City Council being present and four having voted"Aye",Mayor Phillips declared the
motion carried, and Ordinance 2008-294,was read the third time and discussed. Ordinance 2008-294 was
approved and adopted.
Whereupon Mayor Royce Phillips declared Ordinance 2008-294 be adopted and signified his approval of
the same by affixing his signature thereto.
Passed by the City Council on the 14th day of November,2008, and approved by the Ma or on the 14th day
of November,2008.
Signed. �Phi4 Mayo Tiffin,Iowa
ATTES .
R h Demuth, City Clerk of Tiffin, Iowa
I, Ruth Demuth, Clerk of the Coty Tiffin, Iowa, state that an ordinance entitled,"AN ORDINANCE
ESTABLISHING A BUILDING INSPECTION BOARD OF APPEALS"AND KNOWN AS
Ordinance 2008-294 was duly passed by the City Council on the 12th day of November,2008, and signed
by Mayor Royce Phillips on the 14th day of November,2008, and copies were posted thereof in four public
places within the limits of the City of Tiffin,Iowa.
Posting of Ordinance 2008-294 were posted at:
Casey's General Store
Morgans Services
Solon State Bank
The Depot Tiffin
� 1
Signed:
Rut Demuth, City Clerk of Tiffin, Iowa