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(1) The Construction Code Board of Appeals, as created pursuant to section 8.005 of the Eugene Code, 1971, shall act as the Weatherization Code Board of Appeals.

(2) Procedures.

(a) A fee for each appeal, as established by the city manager pursuant to section 2.020 of this code, shall be paid to the building official.

(b) The building official may waive payment of the appeal fee in cases of economic hardship to the applicant.

(c) All hearings shall be public, and the appellant, his/her representatives, the building official and any other person whose interests may be affected by the matter on appeal shall be given an opportunity to be heard.

(d) The board shall affirm, modify or reverse the decision of the building official by a concurring vote of three members.

(e) The board shall adopt reasonable rules and regulations for conducting its investigations, shall render all decisions, findings and orders in writing to the building official with a duplicate copy to the appellant and may recommend to the council such new legislation as is consistent herewith.

(3) Duties.

(a) Upon receipt of notice of appeal from the findings of the building official filed by the owner or party in interest within 30 days from the date of delivery of such findings, entertain such appeal, conduct a hearing thereon as provided in subsection (b), or upon receipt of a request in writing from the building official to review his/her decision, entertain such request and conduct a hearing as herein provided.

(b) Hold a hearing in order that evidence may be presented by the building official or the owner, occupant, mortgagee, lessee or any other person having an interest in the matter.

(c) Resolve all matters submitted to it within 60 days from the date of filing of the appeal. In the event the board fails to resolve all matters within 60 days as above provided, the findings of the building official shall be deemed affirmed in full on the sixtieth day and the parties may appeal therefrom as provided by law.

(Section 8.305, formerly 8.300 amended by Ordinance No. 17118, enacted June 24, 1974, renumbered; amended by Ordinance No. 19150, enacted June 15, 1983; Ordinance No. 19926, enacted June 28, 1993; and Ordinance No. 20301, enacted November 10, 2003, effective December 10, 2003.)