HomeMy WebLinkAboutORDINANCE - 445 - 10/25/1966 - BOARD OF BLDG APEALS/ADDEDORDINANCE
AN ORDINANCE ESTABLISHING A BOARD OF BUILDING APPEALS
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage, Illinois:
Section.l. That Chapter 13 of the Municipal Code of the
Village of Elk Grove Village is hereby amended by adding thereto
the following:
"Article X Board of Building Appeals"
13.1001 Appointment. There is hereby established a board of
building appeals, consisting of five members who shall be
appointed by the village president. The president by and with
the advice and consent of the board of trustees shall appoint
one of the members of this commission to serve as chairman.
The president shall by and with the advice and consent of
the board of trustees appoint one member of the building board
of appeals for a term of one year, one member for the term of
two years, one member for a term of three years, one member for a
term of four years and one member for a term of five years.
Upon expiration of the term of office of a member of the
board of appeals, his successor shall be appointed for a term of five
years. Vacancies shall be filled for an unexpired term in the
manner in which the original appointments are required to be made.
Continued absence of any member from regular meetings of the board
shall, at the discretion of the president and board of trustees,
render any such member liable to immediate removal from office by
the village president.
13.1002 Quorum. Three members of the board of building appeals
shall constitute a quorum. In recommending any change or amend-
ment of any provision of the building code or in recommending a
modification of an order of the building department, affirmative
votes of three members shall be required. No member of the
board of appeals shall pass upon any question in which he is an
interested. party.
13.1003 Meeting and record. Meetings of the board of building
appeals shall be held at the call of the chairman and at such
other times as such board may determine. All hearings before
such board shall be open to the public. The board shall keep
minutes of its proceedings, showing the vote of each member upon
every question, or if absent or failing to vote, indicating such
facts, and shall also keep records of its recommendations and
other official actions. Such minutes shall be public records.
13.1004 Procedure. The board shall establish rules and regula-
tions for its own procedure not inconsistent with the provisions
of the building code and the village ordinances.
13.1005 Appeals.Xa)Any person aggrieved by a decision of the
building department may take an appeal to the board of build-
ing appeals.
(b) An appeal may be taken within thirty days from the date
of the decision appealed, by filing with the building department, and
with the board of building appeals, a notice of appeal, specifying
the grounds thereof, except that in the case of a building or
structure which, in the opinion of the building department, is
unsafe or dangerous, the building department may in its order limit
the time for such appeal to a shorter period. The building
department shall forthwith transmit to the board of building appeals
the papers upon which the action appealed from was taken.
I
(c) In all cases where notice of appeal is taken pursuant
to the provisions of this article, a public hearing shall be
held not later than thirty days following the date of filing
the notice of appeal. At this hearing, evidence shall be received
from the applicant and from such other person or persons who may
appear and desire to be heard at such a hearing. Public notice of
the time and place and nature of such hearing shall be published by
the board of building appeals in a newspaper of general circulation
in the village, not later than one week prior to the date set for
such hearing. A copy of such public notice shall be sena by mail
or otherwise to the person appealing. In every case where a notice
of appeal is filed, it shall be accompanied with payment of a fee
of fifteen dollars by the person appealing.
13.1006 Modifications and recommendations by the board of building
appeals. (a) The board of building appeals, when so appealed to and
after a public hearing, may recommend to the president and board of
trustees a modification or a reversal of a decision of the building
department with a reference to the application of the ordinances
of the village relating to buildings to any particular case, when
in its opinion, the enforcement of the building department's
decision would be contrary to the provisions of the building code
or contrary to the spirit and purpose of the building code. In
every instance, final action with reference to the recommendation
of the board of building appeals shall be by the board of trustees.
(b) When in the opinion of the board of building appeals the
provisions of the building code appear to be contrary to the spirit
and purpose of the building code, or to the public interest, or
when it appears that the enforcement of any particular provision
of the code shall result in manifest injustice as a whole, the
board of building appeals shall recommend to the board of trustees
of the village such changes or amendments of the building code as
will insure the spirit and purpose of.the+building code and the
public interest.
(c) The board of building appeals shall in every case reach
a decision with reference to its recommendation without unreason-
able or unnecessary delay. Every decision of the board of building
appeals shall be reduced to writing and shall indicate the vote
upon the recommendation. Every recommendation shall be promptly
filed in the office of the building department, and a copy thereof
shall be sent by mail or otherwise to the person appealing.
(d) All recommendatLons of the board of building appeals
shall be'.communicated to the building department which shall
take action immediately thereon in accordance with the decision
of the board of trustees.
Section 2. This ordinance shall be in full force and effect
from and after its passage and approval according to law.
PASSED and APPROVED this 25th day of October, 1966
Attest:
Eleanor G. Turner
Village Clerk
Jack D. Pahl
Village President