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A. The Board shall decide any application or appeal immediately after the hearing or within a reasonable time thereafter at a Special meeting called for that purpose, but in no event shall the Board keep an appeal under consideration more than five (5) days after the meeting in which the hearing was conducted. After such notice and hearing, the decision of the Board shall be filed with the Community Development department as elsewhere provided in these Rules of Procedure by the Secretary of the Board. The Board shall render its decision and all findings of fact in writing, which shall be final, and shall transmit a copy to the Building Inspector involved, and a copy to the applicant.

B. A majority of legal votes cast by those members present and voting, a quorum being present, shall be required in order to carry all motions, except as provided for herein.

C. A member may refrain from voting whenever there is a personal or monetary interest, or if it is believed that any conflict of interest exists, in the subject property. A member may refrain from voting whenever any applicant, or agent, has sought to influence the vote of the member, other than in the public hearing, on such case.

D. Alternate materials or alternate methods or types of construction requested by applicants or appellants shall not be granted unless the Board shall find in writing upon sufficient evidence that such alternate is at least equivalent to the requirements of the technical codes concerned in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.

E. The interpretation of any technical code provisions made subject of an application or appeal shall not be decided unless the Board shall find in writing, upon sufficient evidence, that the provision in question is in fact ambiguous, and in what regard, and why the proposed interpretation will be reasonable.

F. The Board may prescribe any reasonable conditions or limitations in connection with the granting of any appeal, or in connection with its decision in any Order to Show Cause, which it may deem necessary to fully carry out its duties and to implement the provisions and intent of the technical code in question. At the same time, the Board may set forth the effect of a failure to comply with any of said conditions or limitations, including but not limited to declaring the grant of appeal or application void upon such failure.

G. No informal requests for advice or moot or hypothetical questions will be considered by the Board. Any advice, opinion, or information given by any Board member or the Secretary, or any other official or employee of the Town shall not be binding on the Board.

H. No action of the Board shall set a precedent. Each case shall be decided upon its merits and upon the circumstances attendant thereto.

I. Any person aggrieved of any decision of the Board may file an action concerning the same in the Superior Court of Pima County. The complaint or petition therein shall allege that the decision was arbitrary, capricious, or otherwise unreasonable. Such action shall be commenced within thirty (30) days following delivery of the Board’s decision to the office of the Building Safety Administrator and not afterward. ((O)02-34, 11/06/2002)