§ 248.120. Appeals board.

(a) An appeals board shall be established. The board shall consist of the director of regulatory services or the director's designee, the fire marshal or the fire marshal's designee, and the building official or the building official's designee. Two (2) members of the board shall constitute a quorum. The board shall make decisions by a majority vote. The administrative decision of the building official or the building official's designee, which is being appealed, shall be upheld if the panel is deadlocked.

(b)

The board shall have authority to hear and decide all appeals from:

(1)

Any applicant or evaluator aggrieved by any administrative decision of the building official, or the building official's designee, in accepting or rejecting any application for examination; in any determination of whether the person is qualified, in any issue related to the testing process; in accepting or rejecting educational credits; or to deny, revoke, suspend or not renew an evaluator's license may make an appeal to the board.

(2)

Any owner of property or other person directly and personally affected by any of the disclosure report or energy disclosure report may, either personally or through their representative, make an appeal to the board.

(c)

Any appeal must be by written notice filed with the building official within thirty (30) days of the decision or proposed action being appealed. The notice of appeal shall contain a concise statement of the grounds for the appeal and shall be accompanied by a fee of one hundred dollars ($100.00). The building official shall have the authority to summarily grant the appeal and to waive the appeal fee. If the building official does not summarily grant the appeal, the appeal shall proceed to the board to be heard and acted upon, unless withdrawn.

(d)

The board shall designate one (1) member to act as chair to preside over meetings. The board shall meet at the call of the chair to hear appeals. The board shall notify the appellant in writing of the time and place of the hearing. The notice shall be issued at least ten (10) days prior to the hearing unless the appellant consents to an earlier scheduling and shall inform the appellant of the right to appear individually or through a representative, the right to call, examine and cross-examine witnesses at the hearing and offer such evidence as may bear on the decision of the board, and that the hearing will be recorded. The notice shall be given to the appellant by mail, addressed to the appellant at the appellant's address shown on the appeal.

(e)

At the hearing the board shall hear all relevant evidence and argument. The board may admit and give probative effect to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The board shall record the hearing and keep a record of all evidence submitted.

(f)

The board shall hear the appeal and render its decision within forty-five (45) days of the filing of the notice of appeal. The board may uphold, modify or overturn the decision being appealed. The decision of the board shall be in writing and shall summarize the reasons for the decision and shall be mailed to the appellant. The board shall make its determination based upon a preponderance of the evidence.

(g)

The decision of the board shall constitute the final decision of the city. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 10, 12-23-05; 2013-Or-164, § 4, 12-6-13; Ord. No. 2019-008 , § 3, 2-15-19)