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SECTION 7. DELETIONS, ADDITIONS, MODIFICATIONS AND AMENDMENTS.

(A) The provisions of section 103.1.4. of the Uniform Fire Code, 1994 Edition, are as follows.

Except in emergencies, as set out in Section 103.1.4, rights of appeal are as follows:

(1) Any decision of the Fire Inspector shall be in writing, state the reason therefor, and be served upon the person requesting the decision and/or any person affected or aggrieved thereby within seven (7) days after such decision. Any decision of the Fire Inspector under this or any other ordinance may be appealed to the Chief by any person aggrieved by such decision. The term "person" shall include any natural person, corporation, partnership, political subdivision or any other entity. Such appeal shall be taken by giving written notice to the Chief within seven (7) days of such decision.

However, said seven (7) days shall not commence to run until the aggrieved person is served with written notice of such decision from the Fire Inspector stating the reasons for the decision. The Chief shall review such decision and render a written decision within seven (7) days of the notice of appeal. Within seven (7) days of the date of the decision the Chief shall cause to be served upon the aggrieved person a copy of his decision. If the appeal is denied, the Chief's written decision shall state the reasons therefor. The ruling of the Chief may be appealed by filing a notice of appeal with the board of Review of the Southern Platte Fire Protection District within seven (7) days of receipt of the written decision of the Chief. The Board of Review shall within fifteen (15) days hold a hearing on the appeal.

The Board of Review shall not hold said hearing without serving written notice on the person appealing of the time and place of the hearing, said notice to be served on said person at least seven (7) days before such hearing. The Board shall render a written decision which shall include a Finding of Facts and Conclusions of Law within fifteen (15) days after such hearing. A copy of such decision must be served on the person appealing within seven (7) days after said decision is rendered.

If the appeal is not granted to the aggrieved person by the Board of Review, such aggrieved person may appeal to the Circuit Court of Platte County, Missouri, as set forth in Section 7 A (5) of this Ordinance except if the appeal arises under Section 9, 10 or 11 of this Ordinance, such appeal shall be first to the Board of Zoning Adjustment of the appropriate County, City or Village and thereafter to the Circuit Court of Platte County, Missouri, as set forth in Sections 64.660 or 89.110 RSMo 1986. Failure of the Chief to render a decision within time allowed or to serve notice on the aggrieved person making the appeal within the time allowed shall constitute granting the appeal of such aggrieved person. Failure of the Board of Review to call a hearing within the time allowed or to render a decision within the time allowed or to serve a copy of the decision within the time allowed shall constitute granting of the appeal to the aggrieved person.

(2) The Board of Review is hereby created. The Board of Review shall consist of three members, all of whom shall be voters of the Fire District and shall be knowledgeable in the areas of the building trades or real estate development. The Board of Review shall be appointed by the Board of Directors of the Fire District. The membership of the first Board of Review appointed shall serve respectively one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Thereafter, members shall be appointed for terms of three (3) years each. Vacancies shall be filled for the expired term of any member whose term becomes vacant. The Board of Review shall select its own Chairman who shall serve for one (1) year. The meetings of the Board of Review shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board of Review shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that. The records of the Board of Review shall be maintained in the office of the Fire District under general supervision of the Secretary-Treasurer of the Fire District and shall be open to inspection at all reasonable times. An affirmative vote of two (2) members of the Board shall be required to overrule any decision, ruling, or determination by the Fire Chief or to approve any special exception or variance.

(3) Any appeal provided for there under must be taken as herein provided by filing with the person or body hearing the appeal a written notice of appeal setting forth the grounds Hereford.

All notices under this or any other Ordinances to the Fire District, to any Fire District official, or to any Fire District Board may be served personally or by leaving such notice with the Secretary-Treasurer of the Fire District or any other person representing the Fire District present at the regular Fire District office. Service may also be made by sending any such notice to the appropriate official by registered or certified mail with a return receipt requested.

Service of notice upon any person or applicant under this or any other ordinance shall be by personal service or by certified or registered mail with a return receipt showing delivery of such notice. Refusal of any of the above persons or officials to accept registered or certified mail shall constitute service.

(4) An appeal to the Chief, the Board of Review, or appropriate Board of Zoning Adjustment stays all enforcement of the decision from which the appeal is being taken.

(5) Any appeal from the decision of the Board of Review shall be made to the Circuit Court of Platte County, Missouri except that if the appeal arises under Sections 7, 8, or 9 of this ordinance, or under any cooperative agreement referred to in Section 10 of this Ordinance, then the appeal shall be to the Board of Zoning Adjustment of the appropriate County, City, or Village and then to the Circuit Court of Platte County, Missouri, as provided in sections 64.660 and 89.110 RSMo. 1986. An appeal to the appropriate Board of Zoning Adjustment or to the Circuit Court stays all enforcement of the decision from which the appeal is being taken.

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