11-30-04 Specail Called Meeting of the La Porte Fire Review Board Minutes

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a. 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 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 Review Board or by a court of record on application on notice of the Fire Marshal from whom the appeal is taken and on due cause shown. b. 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. c. 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: G. Additional conditions. The Fire Code Review Board is empowered to impose upon any appeal variance or special exception any condition reasonably necessary to protect the public interest and community welfare. H. Notice of public hearings before the board of adjustment. The notice of public hearings provided for in this section shall be given by posting at city hall. The posting shall state the date and time of the meeting as well as include a copy of the meeting Agenda. The posting shall be made no closer than 72 hours prior to the meeting date. I. V ote necessary for decision of board of adjustment. The concurring vote of five members of the Fire Code Review Board shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. J. Appeals from the Fire Code Review Board Any person or persons, jointly or severally, aggrieved by any decision of the Fire Code Review Board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by VT.C.A., Local Government Code ~ 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Fire code Review Board.