§ 34-4. Appeals.

(a)

Unless otherwise stated in this chapter, any person aggrieved by a decision of the fire chief, or his designee, or seeking to deviate from the fire prevention code standards described in this chapter, shall have the right to appeal to the board of public works and safety. Any person appealing a decision of the fire chief must petition the board of public works and safety within ten days from the date of the decision.

(b)

All appeals and requests for a deviation from this chapter must be in writing and either state the exceptions to the grounds on which the fire chief based his decision or state the reasons why their request for a deviation should be approved based upon the factors described in subsection (d) of this section. A petitioner may request a public hearing, which shall be held within 15 days after the request is filed. At the hearing, the petitioner may present evidence in support of his application and exceptions. Any interested person may be allowed to participate in the hearing to present evidence in opposition to the application and exceptions. The board shall render a written decision within 30 calendar days of the hearing or of the date on which the petition was filed.

(c)

In reviewing a decision made by the fire chief, the board shall look to determine whether the decision was arbitrary, capricious, or an abuse of discretion; unsupported by substantial evidence; or contrary to the law. The burden shall be on the aggrieved party to demonstrate the invalidity of the fire chief's decision.

(d)

In determining whether to grant a request for a deviation from the fire prevention code, the board of public works and safety shall consider the following:

(1)

Whether approval will not be injurious to the public, health, safety, and general welfare of the community;

(2)

Whether the need for the exception to the fire prevention code arises from some condition peculiar to the property involved;

(3)

Whether the strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property in question; and

(4)

Whether the approval will not substantially affect the fire protection services to the property.

(Code 1985, § 93.97; Ord. No. 4218, 10-6-1997)