§ 37.16 Appeals

The City Council, in regular or special session, shall sit as the Board of Appeals and, on appeals under this chapter, may seek additional professional counsel or experts in matters contained in this chapter. A simple majority of the appeal board shall be deemed to settle matters brought before the board.

1. The City Council, sitting as the Board of Appeals, shall hold meeting from time to time and conduct hearings on appeals. The appeal board shall act within thirty (30) days on a timely written request, and if the appeal board fails to act within thirty (30) days after the filing of a timely written appeal, the appeal shall be deemed granted in favor of the appellant.

2. Any person aggrieved by any ruling, decision, interpretation, or order regarding the denial of a permit by the Fire Marshal shall have the right to appeal to the Board of Appeals by filing written notice of such appeal with the City Clerk within seven (7) business days from the mailing date of the Fire Marshal’s ruling. If such a notice is filed, the City Clerk in consultation with the Fire Marshal, shall set a time and place for hearing and so notify the parties to the appeal in writing. The hearing shall be open to the public and subject to the time limitation set out in the immediately preceding subsection. The Board of Appeals by simple majority vote shall affirm, modify, or reverse an appealed ruling, decision, interpretation or order of the Fire Marshal. The Board of Appeals may permit such variance that can be made without decreasing the health or safety of persons or property, and when the granting thereof will not violate the intent and purpose of this chapter. Mere inconvenience or additional cost to the appellant is not grounds for the granting of such variance.

3. The Board of Appeals shall act within thirty (30) days on a timely written request. A decision by the Board of Appeals modifying, affirming, or reversing the decision of the Fire Marshal must be in writing and supported by written findings establishing the reasonableness of and reasoning for the decision.

4. Upon after both fully availing itself of the review process set forth in subsections above, and upon receiving formal, written affirmation of a denial of a permit for which the aforementioned review process was requested, the person may bring an action in district court at its own expense within thirty (30) days to review a decision of the City made under this chapter.