§ 17.04.070. Section 107 amended—Appeals.

Section 107, appeals, of the Standard Housing Code is amended to read as follows:

 A. Any person receiving written notice from the building official of structural deficiencies in his property under this Code may, within thirty (30) days following the date of such notice, enter an appeal in writing to the Construction Board of Appeals, depending upon the deficiencies for which the person received notice. Such appeal shall state the location of the property, the date of the notice of violations and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor and the hardships or conditions upon which the appeal is made. A fee of twenty-five dollars ($25) shall accompany such notice of appeal.

Notices from the building official which address existing buildings and requirements for new construction, shall be appealed to the Construction Board of Appeals, as identified in Chapter 2.30 of the El Paso City Code.

 B. Upon appeal, the Construction Board of Appeals will permit, in appropriate cases where the application of the requirement of this Code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each, from the date of such decision of the Construction Board of Appeals. Such requests for additional extensions of time shall be filed with the Construction Board of Appeals not less than thirty (30) days prior to the expiration of the current extension.

Upon appeal, the Construction Board of Appeals shall consider and determine appeals whenever it is claimed that the true intent and meaning of this Code or any of its regulations have been misconstrued or wrongly interpreted.

 C. An appeal should not be considered where an appeal case has been previously decided involving the same premises.

All decisions of the Construction Board of Appeals to vary the application of any provision of this Code or to modify an order of the building official shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefor. Every decision shall be in writing and shall indicate the vote upon the decision. A copy of all decisions shall be promptly filed in the office of the building official. The Secretary of the Construction Board of Appeals shall notify the appellant in writing of the final action of the Construction Board of Appeals.

(Ord. 16984 §§ 1 (part), 3, 2008: Ord. 13152 § 133, 1997; Ord. 9358 § 7, 1988: prior code § 13-49(6))

(Ord. No. 17389, § 1, 8-24-2010, eff. 9-1-2010)