§ 15.40.524. Board decisions.


Latest version.
  • A.

    Every decision of the board of trustees shall be made at a public meeting. Every decision of the board of trustees shall be made within a reasonable time from the date of the conclusion of the presentation of materials and evidence relating to the appeal, but in any event, not later than twenty days after the conclusion of the proceedings.

    B.

    Every decision of the board of trustees shall be in writing and shall be promptly filed in the office of the village building inspections department. A copy of the decision shall be sent by mail or otherwise to the appellant.

    C.

    It is the responsibility of the board of trustees to make fact findings and to review the findings of the director of inspections and other officials, provided that fact findings of the village director of inspections shall be presumed to be correct until rebutted by a clear preponderance of the evidence to the contrary.

    D.

    The board of trustees may extend any time allowance provided in this chapter or as established by the director of inspections. The board of trustees may grant a variance from the provisions of this chapter upon an owner, renter or lessee, upon presentation of evidence of substantial economic hardship in cases where property and the health and safety of persons are not endangered by physical injury or damage, and where enforcement of the code provision, in the circumstances supported by evidence would constitute a confiscation of property without compensation contrary to the Constitution of the United States of America and of the State of Illinois. The board of trustees may not waive a violation, they may only vary the time of compliance.

    E.

    A decision of the board of trustees to extend any time allowance provided in this chapter and/or to grant a variance from provisions of this chapter, or to modify an order of the village inspector, shall specify in what manner such extension, variation, or modification is made, the conditions upon which it is made, and the reasons therefor.

    F.

    The board of trustees shall reverse the decision of the director of inspections of the village's building inspections department when the board determines that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this chapter does not fully apply.

    G.

    If a decision of the board of trustees reverses the order of the director of inspections, he/she shall take action immediately in accordance with the decision of the board of trustees. No matter heard by the board of trustees and upon which a decision has been rendered once shall be again reviewed by the board of trustees.

(Ord. 1977-14 § 16-5, 1977)