[Amended 12-21-2010 by Ord. No. O-10-31]
There shall be established a Board of Code Appeals of the City
of Hagerstown, which shall consist of five members. One of the five
members shall be the Chairperson. The City will publicly advertise
openings on the Board. The City Administrator and/or his designee
shall review the list of applicants and provide recommendations to
the Mayor and City Council. The members of the Board of Code Appeals
shall be appointed by the Mayor with the approval of the City Council
through a vote at a public meeting. The members shall be residents,
taxpayers or those who conduct business in Hagerstown.
The owner of a building or structure or any other person may
appeal to the Board of Code Appeals a decision of the staff refusing
to grant a modification of the provisions of the applicable building,
sidewalk, and property maintenance codes of the City of Hagerstown.
Application for appeal may be made when it is claimed that the true
intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, that the provisions of the code do not fully
apply or that an equally good or better form of construction can be
used.
A.
The Board of Code Appeals shall consist of five members with staggered
terms. Each new member shall serve for four years or until a successor
has been appointed. No member shall serve more than two consecutive
four-year terms, unless the Mayor and City Council determine it is
in the best interest of the City to extend the appointment beyond
two terms.
B.
At least 60 days prior to the expiration of a member's term,
the City Clerk shall notify the Mayor and Council of the pending expiration.
The Mayor shall, in accordance with the City Code, either reappoint
the member or shall appoint a replacement member subject to Council
approval prior to the expiration of the term.
C.
Except as otherwise provided by the applicable law, a member of a
board may be removed by the City Council at any time with or without
cause.
The Board shall include:
A.
One licensed architect.
B.
One licensed professional engineer with civil or structural experience.
C.
One person with knowledge and experience in fire prevention and life
safety codes.
D.
One attorney.
E.
One contractor licensed by the State of Maryland as an electrician,
plumber or general contractor.
A.
The Board shall select one of its members to serve as Chairman. The
Chairman remains a voting member of the Board. The Chairman shall
serve no more than two consecutive calendar years.
B.
The City Engineer shall designate a Clerk from the Department of
Parks and Engineering to serve as Secretary to the Board, who shall
keep a detailed record of all proceedings on file in the Department.
C.
A quorum shall consist of four members. Any decision of the Board
requires three affirmative votes.
A member of the Board shall not pass on any question in which
that member is engaged as contractor or material dealer or in the
preparation of plans or specifications or in which that member has
personal interest.
A.
All hearings shall be public. The appellant, the appellant's
representative, the official of the jurisdiction and any other person
whose interests may be affected by the matter on appeal shall be given
an opportunity to be heard.
B.
The Board shall have regularly scheduled monthly meetings, but only
as appeals are submitted.
The Board shall affirm, modify or reverse the decision of the
code official consistent with the Board bylaws by a concurring vote
of three members. Every action of the Board shall be by resolution,
and certified copies shall be furnished to the appellant and to the
code official.
Any person aggrieved by the decision of the Board of Code Appeals,
including the City of Hagerstown, may appeal to the Circuit Court
for Washington County, Maryland. Said appeal shall be filed in the
Circuit Court within 30 days after the filing of the board's
decision in the office of the City Engineer. Said appeal shall be
an appeal on the record.
