Legal Documents of Jefferson City

Section 105.1 thru Section 105.5 is hereby amended by deleting the section in its entirety and inserting in-lieu of the following:

105.1Appointment. The city manager is hereby appointed the official to hear matters of adjustments and appeals.

105.2.1General. When it is claimed that the provisions of this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations thereunder has been misconstrued or incorrectly interpreted, the owner of such building or structure, or his duly authorized agent may appeal the decision of the building official to the city manager. Notice of appeal shall be in writing and filed within 15 days after the decision is rendered by the building official.

105.3Decisions.

105.3.1Variances. The city manager, when so appealed to and after hearing, may vary the application of any provision of this code to any particular case when, in his/her opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this code or public interest, and when in his/her opinion, the interpretation of the building official should be modified or reversed.

105.3.2Action. The city manager shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the city manager shall also include the reasons for the decision. If a decision of the city manager reverses or modifies a refusal, order, or disallowance of the building official, or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision.

105.33Decisions are final. Every decision of the city manager shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. (1996 Code, § 4-402)