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SECTION PM-115.0 MEANS OF APPEAL <br /> <br />PM-115.1 Right to appeal <br />Any person affected by any notice which has been issued in <br />connection with the enforcement of any provision of this code, or <br />of any rule or regulation adopted pursuant thereto, shall have the <br />right to request and shall be granted a hearing on the matter <br />before the Board of Appeals. An application for appeal shall be <br />based on a claim that the true intent of this code or the rule <br />legally adopted thereunder have been incorrectly interpreted, the <br />provisions of this code do not fully apply, or the intent of the <br />code can be adequately satisfied by other means. <br /> <br />PM-115.2 Filing procedure <br />All appeals shall be filed in writing with the code official within <br />thirty (30) days after the decision to be appealed is rendered by <br />the code official. Appeals must be accompanied by a fee in the <br />amount specified in local ordinances. <br /> <br />PM-115.3 Appeals board <br />The Board of Appeals appointed under the provisions of the building <br />code shall have jurisdiction to hear all appeals under this code. <br /> <br />PM-115.4 Disqualification of member <br />A member shall not hear an appeal in which that member has any <br />personal, professional or financial interest. <br /> <br />PM-115.5 Notice of meeting <br />The meeting shall be upon notice from the chairperson, within <br />thirty (30) days of the filing of an appeal, or at stated periodic <br />meetings. <br /> <br />PM-115.6 Postponed hearing <br />When five members are not present to hear an appeal, either the <br />appellant or the appellant's representative shall have the right to <br />request a postponement of the hearing. <br /> <br />PM-115.7 Board decisions <br />No resolution shall be approved unless it receives the affirmative <br />vote of those members present to hear the appeal, but in no case <br />shall the board modify or reverse the decision of the code official <br />without a concurring vote of at least three of its members. The <br />code official shall take immediate action in accord with the <br />decision. <br /> <br />PM-115.8 Court review--Delete in its entirety. <br /> <br />-10- <br /> <br /> <br />