O-2005-2821 - Laserfiche WebLink

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1. When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Fire Marshal from whom the appeal is taken certifies to the Fire Code Review Board after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Fire Code Review Board or by a court of record, or on notice of the Fire Marshal from whom the appeal is taken and on due cause shown. 2. Time for and notice of hearing of appeal. The Fire Code Review Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. 3. Action on appeal. The Fire Code Review Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Fire Marshal from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is reasonable difference of interpretation as to the specific intent of adopted fire codes, the adopted life safety code and the adopted code amendments, provided the interpretation of the Fire Marshal is a reasonable presumption and the codes are unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit of the city's adopted codes and regulations. Sec. 38 - 206. Additional Conditions. The Fire Code Review Board is empowered to impose upon any appeal any condition reasonably necessary to protect the public interest and community welfare. Sec. 38 - 207. Notice of Public Meetings.