§ 7.8.17. Hearing; failure to appear at hearing, board of adjustment.

[Amd. Ord. 47-07 10/16/07]

(A)

Scope of hearing.

(1)

The hearing shall offer the appellant(s) reasonable opportunity to be heard on only those specific matters or issues raised in his written appeal. Other persons having a legally cognizable interest in the property but who did not register a written appeal may be heard at the Board of Adjustment's discretion on only those matters or issues raised by the appellant on his appeal and only to the extent that they affect the legally cognizable right of the person seeking to intervene in the appeal. [Amd. Ord. 47-07 10/16/07]

(2)

The Chief Building Official or his designee shall offer relevant testimony to the Board and/or the Chief Building Official may call others to testify who may offer relevant testimony.

(3)

The appellant or other person with a legally cognizable interest may appear at the hearing in person or through his attorney or other designated representative.

(4)

The Board, in hearing appeals under this chapter, shall determine whether the decision of the Chief Building Official or his designee as to the unsafe condition of the structure or the remedial action required or his interpretation, administration or enforcement of relevant matters, as related to those matters raised by the appellant, is appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's sole determination shall be to determine whether the costs incurred were reasonably related to the action undertaken.

(B)

The failure of any person to appear at the hearing set by the Board of Adjustment without permission from the Board shall constitute a waiver of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other matter appealed. The Board of Adjustment may, for good cause shown, excuse the failure to appear and set a new hearing date. [Amd. Ord. 47-07 10/16/07]