8.06.050 Appeal procedures.
A. Only an aggrieved person may appeal a notice, order or decision. When an appeal authorized in the construction codes is taken, it shall be processed in accordance with the provisions of this section. An aggrieved person who wishes to appeal a notice, order or decision relating to any of the construction codes must file at the office of the secretary a written appeal containing:
1. a heading in the words: “Before the Construction Board of Appeals of the City of Beaverton”;
2. a caption reading: “Appeal of________”, giving the names of all appellants participating in the appeal;
3. a brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order;
4. a brief statement in ordinary and precise language of the specific order or action protested, the applicable Code section and any material facts claimed to support the contentions of the appellant;
5. a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. signatures of all parties named as appellants and their mailing addresses;
7. the verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. An appeal shall be filed within ten days from the date of the notice of the action or order taken which the appellant wishes to appeal.
B. Processing of Appeal. On receipt of any appeal filed under this section, the secretary shall present it at the next regular or special meeting of the board.
C. Scheduling and Noticing Appeal for Hearing.
1. As soon as practical after receiving the written appeal, the board of appeals or the secretary shall set a date, time and place for the board hearing. The date of the hearing shall be not more than 60 calendar days from the date the appeal was filed with the secretary, unless the appellant requests or agrees to a later time.
2. Written notice of the time and place of the hearing shall be given to each appellant at least ten calendar days before the date of the hearing by the secretary either by causing a copy of the notice to be delivered to the appellant personally, or by mailing a copy postage prepaid, addressed to the appellant at the appellant’s address shown on the appeal. An appellant may waive the ten day written notice.
D. Effect of Failure to Appeal. Failure of a person to file an appeal in accordance with these provisions constitutes a waiver of that person’s right to an administrative hearing on adjudication of the notice and order. The decision or action of the building official or the fire chief shall be final.
E. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered by the board in hearing the appeal.
F. Staying of Order Under Appeal. Enforcement of any notice and order of the secretary issued under the provisions of the construction codes shall be stayed during an appeal that is properly and timely filed, except when a stay of the notice or order presents an exigent danger to the health and safety of persons or property.