Sand Springs Ordinance: Section 15.04.080 Appeals A. Any person, firm or corporation affected by any notice, order, determination or interpretation of the building or code enforcement official in connection with a building or trade permit may request and shall be granted a hearing on the matter before the Board of Adjustment of the City of Sand Springs, Oklahoma, established pursuant to Section 2.56.010 et seq. of this code, provided that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds for such appeal. Such petition shall be filed within ten (10) days after the day the notice, order, determination or interpretation is issued or rendered. Upon receipt of such a petition, the matter shall be placed upon the agenda of the Board of Adjustment for a hearing at its next regularly scheduled meeting. The petitioner shall be given written notice thereof. At such hearing, the building or code enforcement official shall present any matter or evidence relating to the appeal pending, and thereafter the petitioner shall be given an opportunity to be heard and to show cause which such notice, order, determination or interpretation should be modified or withdrawn. The building or code enforcement official, petitioner, or any other interested party, may appear in person or by authorized representative. B. An appeal to the Board of Adjustment as set forth herein shall stay all proceedings in furtherance of the notice, order, determination or interpretation appealed unless the building or code enforcement official certifies to the Board of Adjustment, after the petition of appeal shall have been filed, that by reason of facts stated by the building or code official in his or her certification that a stay would in his or her opinion cause imminent peril to life or property. In such case, the notice, order, determination or interpretation of the building or code enforcement official shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction for due and sufficient cause shown. C. After a hearing, the Board of Adjustment shall sustain, modify or withdraw the notice, order, determination or interpretation by a concurring vote of at least three (3) members. The proceedings at such hearings shall be open to the public, and the findings and decisions of the Board of Adjustment and reasons thereof shall be entered as a matter of public record in the office of the City Clerk. All findings and decisions issued by the Board of Adjustment shall be final and binding on the parties thereto, provided that any person, firm or corporation who is aggrieved by such findings and decisions may seek relief therefrom by filing suit in a court of competent jurisdiction within a time period as prescribed by State law. D. The authority and jurisdiction of the Board of Adjustment to hear and issue findings and decisions on such matters as set out herein for all notices, orders, determinations or interpretations of the building or code enforcement official in connection with building or trade permits shall supersede all other ordinances, codes or provisions in conflict with same. David L. Weatherford Attorney At Law 1141 East 37th Street Tulsa, OK 74105 (918) 743-8355 (918) 743-7478 (fax) -----Original Message----- From: Jon Miller <JMiller@cityofmustang.org> Sent: Friday, March 18, 2022 8:33 AM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] INQUIRY REGARDING APPEALS FROM INTERPRETATION OF INTERNATIONAL CODES Most of the international codes that cities are required to adopt (as approved by the Oklahoma Building Code Commission) include a process for an appeal from a code interpretation made by city staff. The appeal is typically to a board that is composed of members of the particular filed that have been appointed by the city council. It can be difficult to find members of the filed who are willing to serve on those review boards, and cumbersome to schedule hearings, etc. Have any cities modified those code provisions to provide for a different appeal process? If so, have any cities used their board of adjustment as the board to hear those types of appeals? Thanks for your input. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.