[HISTORY: Adopted by the Town Council of the Town of North Branford 11-26-1974
as part of Ord. No. 121. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
[Amended 10-10-1995 by Ord. No. 187]
There shall be a Board of Appeals established in accordance with the
provisions of Section 124.0 of the State Building Code and Section 29-266
of the Connecticut General Statutes.
[Amended 10-10-1995 by Ord. No. 187]
When the Code Official rejects or refuses to approve the mode or manner
of construction proposed to be followed or the materials to be used in the
erection or alteration of a building or structure, or when it is claimed that
the provisions of the code do not apply, or that an equally good or more desirable
form of construction can be employed in a specific case, or when it is claimed
that the true intent and meaning of the code and regulations have been misconstrued
or wrongly interpreted, or when the Code Official issues a written warning
under Section 110.3.1, and the permit, in whole or in part, having been refused
by the Code Official, the owner of such building or structure, whether already
erected or to be erected, or his authorized agent may appeal, in writing,
from the decision of the Code Official to the municipal Board of Appeals.
A person, other than such owner, who claims to be aggrieved by any decision
of the Code Official may, by himself or his authorized agent, appeal in writing
from the decision of the Code Official to the municipal Board of Appeals as
provided by Chapter 541, Part Ia, Connecticut General Statutes.
[Amended 10-10-1995 by Ord. No. 187]
The Board of Appeals shall be appointed by the Town Council, and it
shall consist of five (5) members who each shall serve a five-year term, or
until a successor has been appointed.
[Amended 10-10-1995 by Ord. No. 187]
Each member, other than one (1) member appointed from the general public,
shall have at least five (5) years' experience in either building design
or construction or supervision of construction.
During the absence of a member by reason of disability or disqualification,
the Council shall designate a qualified substitute.
The Board shall select one (1) of its members to serve as Chairman,
and the Building Official shall designate a clerk from the Department to serve
as Secretary to the Board, who shall keep a detailed record of all proceedings
on file in the Department of Building Inspection.
No member of the Board shall pass on any question in which he is engaged
as contractor or material dealer or in the preparation of plans or specifications,
or on any matter in which he has any personal interest.
[Amended 10-10-1995 by Ord. No. 187]
Each appeal shall be heard in the municipality for which the Code Official
serves within five (5) days, exclusive of Saturdays, Sundays and legal holidays,
after the date of receipt of the appeal. Upon receipt of an appeal from a
person other than the owner or his agent, the Board of Appeals shall first
determine whether such person has a right to appeal. Upon receipt of a valid
appeal, the Chairman of the Board of Appeals shall appoint a panel of not
fewer than three (3) members of such Board to hear such appeal.
All hearings shall be public, and the appellant, his representative,
the Building Official and any other person whose interests may be affected
by the matter on appeal shall be given an opportunity to be heard.
When five (5) qualified members are not present to consider a specific
appeal, either the appellant, the Building Official or their representatives
may request a postponement of the hearing.
[Amended 10-10-1995 by Ord. No. 187]
The panel shall, upon majority vote of its members, affirm, modify or
reverse the decision of the Code Official in a written decision upon the appeal
and file the same with the Code Official from whom such appeal has been taken
not later than five (5) days, exclusive of Saturdays, Sundays and legal holidays,
following the day of the hearing thereon. A copy of the decision shall be
mailed, prior to the date of such filing, to the party taking such appeal.
The decision of the Board shall be by resolution. Certified copies shall be
furnished to the appellant and to the Code Official.
A copy of such decision shall be mailed, at the time of such filing,
to the party making such appeal. Every action of the Board shall be by resolution.
The Chairman of the Board shall appoint a panel of not fewer than three
(3) members of such Board to hear such appeal.
[Amended 10-10-1995 by Ord. No. 187]
The Code Official shall take immediate action in accordance with the
decision of the panel, excepting where further appeal is taken as provided
for herein.
[Amended 10-10-1995 by Ord. No. 187]
Any person aggrieved by the decision of the municipal appeals panel
may appeal to the State Codes and Standards Committee within fourteen (14)
days after the filing of the decision with the Building Official in accordance
with the provisions of Chapter 541, Part Ia, Connecticut General Statutes,
and the regulations adopted by the State Codes and Standards Committee thereunder.
The appeal shall be commenced upon the postmarking of the envelope contained
in the appeal which is addressed to the State Codes and Standards Committee,
c/o Department of Public Safety. A review granted under the provisions of
this section shall be de novo.
[Amended 10-10-1995 by Ord. No. 187]
Any person aggrieved by any ruling of the State Codes and Standards
Committee may appeal to the superior court for the judicial district in which
such building or structure is located.
