O-165ORDINANCE NO. l& S
1 21..
BE IT ORDAINED by the President and Board of Trustees of the
Village of Deerfield, Lake County, Illinois:
Section 1. That a new article entitled Article III -A of the
Building Code of Deerfield, Illinois, be adopted, which Article shall
read as follows:
ARTICLE -III - A - BUILDING'�ARD OF APPEALS
(1) Appointment. There is hereby established in the Village of Deerfield,
a Board to be called The Building Board of Appeals, consisting of 5 members
who -are qualified by experience and training to pass upon matters pertaining
to building construction and who shall be appointed by the President of the
Board of Trustees. The President by and with the consent and advice of the
Board of Trustees shall appoint one of the members of this Commission to
serve as Chairman.
(4) Meeting and Record. Meetings of the Board of Appeal shall be held at
the call of the 0hairman and at such other times as the Board may determine.
All hearings before the 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 of such records shall be public records.
(5) Procedure. The Board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of the Building Code and
the Municipal Code of the Village of Deerfield.
'(6) Ap eals.
(:A� - Any person aggrieved by a decision of the Building Commissioner
may take an appeal to the Board of Appeals.
(B) - An appeal may be taken within thirty (30) days from the date of
the decision appealed, by filing with the Building Commissioher, and with
the Board of Appeals, a notice of appeal, specifying the grounds thereof,
except that in the case of a building or structure which, in the opihion of
the Building Commissioner, is unsafe or dangerous, the Building Commissioner,
may in his order limit the time for such appeal to a shorter period. The
Building Commissioner shall forthwith transmit to the Building Board of Appeals
the papers upon which the action appealed from was taken.
(6) - 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 (30) days following the date of filing the notice of appeal.
(2) Term of Office. The President of the Board of Trustees shall by and
with the consent and advice of the Board of Trustees appoint one member
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for a term of 6ne year;, one member for a term of tkolyegra., 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 5 years. Vacancies
shall be filled for an unexpired term in the manner in which 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
of the Board of Trustees, render any such member liable to immediate removal
from office by the President of the Board of Trustees.
(3) Quorum. 3 members of the 'oard of Appeals shall con®titute a quorum.
In recommending any change or amendment of any provision of the Building
Code or in recommending a modification of an order of the Building Com-
missioner, affirmative votes of 3 members shall be required. No member of
the Board of Appeals shall pass upon any question in which he is interested.
(4) Meeting and Record. Meetings of the Board of Appeal shall be held at
the call of the 0hairman and at such other times as the Board may determine.
All hearings before the 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 of such records shall be public records.
(5) Procedure. The Board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of the Building Code and
the Municipal Code of the Village of Deerfield.
'(6) Ap eals.
(:A� - Any person aggrieved by a decision of the Building Commissioner
may take an appeal to the Board of Appeals.
(B) - An appeal may be taken within thirty (30) days from the date of
the decision appealed, by filing with the Building Commissioher, and with
the Board of Appeals, a notice of appeal, specifying the grounds thereof,
except that in the case of a building or structure which, in the opihion of
the Building Commissioner, is unsafe or dangerous, the Building Commissioner,
may in his order limit the time for such appeal to a shorter period. The
Building Commissioner shall forthwith transmit to the Building Board of Appeals
the papers upon which the action appealed from was taken.
(6) - 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 (30) days following the date of filing the notice of appeal.
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At t1is hearing, evidence shall be reeb ved 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 Appeals in a newspgper 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 sent 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 $15.00
by the person appealing.
(7) Modifications and recommendations by the Board of Appeal.
(A) The Building Board of Appeals, when so appealed to and after
a public hearing, may recommend to the Board of Trustees of the Village
of Deerfield a modification or a reversal of a decision of the Building
Commissioner with reference to the application of any provision of this
Code to any particular case when, in its opinion, the enforcement of
the Building Commissioner's decision would be contrary to the provisions
of the Building code or contrary to the spirit and purpose of the building
code, or contrary to the public interest. In every instance, final action
with beference to the recommendation of the Building Board of Appeals by
the Board of Trustees of the Village of Deerfield.
(B) When in the opinion of the Building Board of Appeals the pro-
visions of the building code appear to be contrary to the spirit and purpose
of the buildingLcode, 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 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 Building Boardlof Appeals shall in every case reach a
decision with reference to its recommendation without unreasonable or un-
necessary delay. Every decision of the Building Board of Appeals shall be
reduced to writing and shall indicate the vote upon the recommefidation.
Every recommendation shall be promptly filed with the office of the Building
Commissioner, and a copy thereof shall be sent by mail or otherwise to the
person appealing.
(D) All recommendations of the Building Board of Appeals shall be
considered by the Board of Trustees of the Village within thirty (30) days .
from the receipt of the same by the Building Commissioner, and the Board
of Trustees shall, within that period, take final action with reference to
the recommendations of the Building Board of Appeals. The action of the
Board of Trustees shall be communicated to the Building Commissioner who
shall take action immediately thereon in accordance with the decision of the
Board of Trustees of the Village.
Section 2. That all ordinances or parts of ordinances in con-
flict with the provision of this ordinance be, and the same are, hereby
repealed.
Section 3. Nothing contained in this ordinance shall be construed
as abating any action now pending under or by virtue of any ordinancecof
the Village of Deerfield which may be hereby repealed; or as discontinuing,
abating or altering any penalty accrued or to accrue as- affecting the liability
of any person, firm or corporation or as saving any right of the Village of
Deerfield under any ordinance of said Village existing at the time of the
passage of this ordinance.
Section 4. This ordinance shall take.effect and be in force from and
after its passage, approval and due publication as provided by law.
PASSED: This 9th day of ay, A.D., 1955.
APPROVED: -
ATTEST: Village President
Village Clerk