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 Irving
 Code of Ordinances
 Chapter 8. BUILDING STANDARDS CODE
 Article VI. INSPECTIONS

  § 8-34. Risk rating appeal process.  

Latest version.

  • (a)

    An owner, manager, or lienholder, jointly or severally aggrieved by a risk rating by the code enforcement director, may file an application to appeal to an administrative appellate panel within thirty (30) calendar days after the date of the risk rating report. The application must be filed with the code enforcement department and state the basis for the appeal.

    (b)

    The administrative appellate panel shall consist of three members: one representative each from the building official's office, the city attorney's office, and the code enforcement department. Administrative appellate rulings shall be made by a simple majority of the members. The appeal to the administrative panel must be heard no later than thirty (30) days from the date the hearing request is filed, unless otherwise agreed to by the city and the applicant.

    (c)

    The authority of the administrative appellate panel is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating.

    (d)

    An owner, manager, or lienholder, jointly or severally aggrieved by a decision of the administrative appellate panel, may file an appeal to the construction board of appeals within thirty (30) calendar days after the date of the administrative appellate ruling. The authority of the construction board of appeals is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating. Risk rating appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code. The rulings of the construction board of appeals shall be final and non-appealable.

    (e)

    Filing for any appeal does not stay the deadlines related to a risk rating report.

(Ord. No. 2008-9000, § 2, 10-2-08)