Sweet Home Board of Appeals

The Board of Appeals was codified in its present form by Ordinance No. 1301 in 2022. Members are appointed for an indefinite term and serve until they resign or are replaced by City Council. The current Board of Appeals members were appointed on November 13, 2023 and are:

• Rick Goff

• Brian Vandetta

• Nick Tyler

The purpose and function of the Board of Appeals is as follows per SHMC 15.01.090:

1. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the waiver of a plan review, an inspection, a provision of the building code, or an alternate material, design or method of construction, or interpretation by the Building Official with regard to the building code, there shall be and is hereby created a Board of Appeals.

   1. The Board of Appeals shall consist of the Building Official of Linn County or an adjacent county and members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City of Sweet Home.  An individual who engages in the business of building design or construction may be a member of the board, but may not hear an appeal of contract building official's discretionary decision concerning a project that involves a business, or competitor of a business, that: a. the individual owns or manages or for which the individual provides services as an employee, agent or contractor; or b. a family member or a member of the individual's householder owns or manages or manages or for which the family member or member of the household provides services as an employee, agent or contractor. 

   2. The Board of Appeals cannot include a contract building official or an owner, manager, director, officer or employee of a person that performs building inspections.

   3. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure.

   4. The Board shall adopt rules of procedure for conducting its business, and render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

   5. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code.

2. Appeals may be filed by any of the following, if affected by a decision:

   1. The owner or authorized agent.

   2. Any resident or property owner within 150 feet of a parcel of land that is the subject of the decision.

   3. Any agency, officer, or department of the city, which has the responsibility for providing city facilities and/or services to the parcel of land.

3. The time period for appeals from notices, orders, or action of the Building Official shall be ten days.

4. The Building Official shall schedule a meeting of the Board within 15 days of the filing of the appeal.

   1. The Board of Appeals shall grant a hearing or dismiss the appeal.

   2. The appeal shall be dismissed if not filed in compliance with Sweet Home Municipal Code § 15.01.080(B). If the appeal is dismissed, the Building Official's decision is final.

   3. The hearing shall be held not later than 30 days after filing the appeal.