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108.3.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

108.3.4 Secretary. Members of the board of appeals shall designate a qualified person to serve as secretary of the board. The secretary shall file a detailed record of all proceedings in the office of the Code Administrator.

108.3.5 Compensation of members. Compensation of members shall be as determined by resolution of the Board of Supervisors.

108.4 Notice of meeting. The board or a designated panel of the board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.

108.5 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the board's or panel's membership.

108.5.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

108.6 Postponed hearing. When a quorum of the Board or, if applicable, the designated panel of the board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

108.7 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.

108.8 Board decision. The board or a designated panel of the board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.

108.8.1 Records and copies. The decision of the board shall be in writing. Copies shall be furnished to the appellant and to the code official.

108.8.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

108.9 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

1.02.24 Section 109 is amended so as to:

(i) establish a subsection numbered 109.2.1 (Form of notice);