UCC Appeals Board

Print

The Appeals Board meets on a need basis.

UCC Building Codes Appeals Board Members

  • Rene Hoffman
  • Robert Hytha
  • Daniel J. Jalboot
  • Neil Rambert
  • Mark Werther
  • Peter Zimmerman

Residents may appeal official cease and desist orders of a violation or suspension, revocation of current permits, and violations of the Property Maintenance Code the alleged violations to the Uniform Construction Code (UCC) building code appeals board. This board does not have enforcement authority to levy fines. Their sole function is to either affirm or deny violations actually exist(ed). If the owner does not appeal the violations to the UCC Building Code Appeals Board within the deadline stated in the Notice of Violation, the township may take legal action to gain compliance.

To request an appeal, contact the Officer who issued the Notice of Violation.

SECTION R112
BOARD OF APPEALS

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.

R112.2.1 Determination of substantial improvement in areas prone to flooding. When the building official provides a finding required in Section R105.3.1.1, the board of appeals shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include:

  1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or
  2. Any alteration of an historic building or structure, provided that the alteration will not preclude the continued designation as an historic building or structure. For the purpose of this exclusion, an historic building is:
    • Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or
    • Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district;
    • Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.