2.10.100 Appeal procedures.
(1) Any appeal to be considered, must be filed within ten calendar days from the date of the service by the building official or fire chief of such order, notice or decision.
(2) Only an aggrieved person may appeal a notice, order or decision. Whenever an appeal authorized in the Construction Code is taken, it shall be processed and governed in accordance with the provisions of Sections 2.10.100, 2.10.110, 2.10.120 and 2.10.130. Any aggrieved person desiring to appeal a notice, order or decision relating to an individual code which is a part of the Construction Code must file the appeal at the office of the appropriate secretary as set forth in Section 2.10.090(3)(a) and (b) which shall be a written appeal containing:
(a) a heading in the words: “Before the Hearing Examiner of the City of Pullman”;
(b) a caption reading: “Appeal of __________________” giving the names of all appellants participating in the appeal;
(c) a brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice, order or decision;
(d) a brief statement in ordinary and precise language of the specific notice, order or decision protested, together with any material facts claimed to support the contentions of the appellant;
(e) a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested notice, order or decision should be reversed, modified or otherwise set aside;
(f) signatures of all parties named as appellants and their official mailing addresses; and
(g) verification by at least one appellant as to the truth of the matters stated in the appeal by a declaration to that effect under penalty of perjury.
(3) Processing of Appeal. Upon receipt of an appeal filed pursuant to this Section, the appropriate advisor as set forth in PCC 2.10.090(3)(a) and (b) shall present it to the Hearing Examiner at the next regularly scheduled meeting.
(4) Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the item shall be placed on an agenda of a regularly scheduled meeting of the Hearing Examiner and shall be heard within sixty (60) days of receipt of the written appeal. Written notice of the time and place of the hearing shall be given to each appellant at least ten (10) calendar days prior to the date of the hearing by the appropriate advisor either by causing a copy of such notice to be delivered to the appellant personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(5) Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of Section 2.10.100(1) and (2) shall constitute a waiver of that person's right to an administrative hearing and an adjudication of the notice, order, or decision of the building official or the fire chief shall be final.
(6) Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered by the Hearing Examiner in the hearing of the appeal.
(7) Stay During Appeal. Enforcement of any notice, order, or decision issued by the building official or fire chief under the provisions of the Construction Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, except when a stay of the notice, order, or decision would present an exigent danger to the health and safety of persons or property. (Ord. 24-02 §1, 2024; Ord. 05-2 §4, 2005; Ord. 89-14 §4, 1989; Ord. 86-11 §§1 and 11, 1986).