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ORDINANCE NO.2009-07-01 AN ORDINANCE TO CREATE A COMMISSION TO-BEAR APPEALS FROM THE DECISION OF THE CODE ENFORCEMENT OFFICER REGARDING THE ENFORCEMENT AND APPLICATION OF BUILDING, STRUCTURAL, PLUMBING, ELECTRICAL, AND MECHANICAL CODES; THE DECISIONS OF THE FIRE CHIEF REGARDING THE ENFORCEMENT AND APPLICATION OF FIRE PREVENTION CODES, AS ADOPTED BY THE CITY OF BATESVILLE, ARKANSAS AND TO HEAR APPEALS OF DECISIONS OF THE CODE ENFORCEMENT OFFICER IN RESPECT TO THE ENFORCEMENT AND APPLICATION REGARDING ALL OTHER CITY ORDINANCES FOR WHICH THE CODE ENFORCEMENT OFFICER IS RESPONSIBLE AND WHICH ARE NOT SPECIFICALLY COVERED BY ANY OTHER EXISTING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS,the City of Batesville desires to create a commission to hear appeals of the decisions of the Code Enforcement Officer and the Fire Chief in respect to the enforcement and application of certain present and future codes and ordinances which are or may be adopted by the City, for which the Code Enforcement Officer and the Fire Chief are responsible, and the appeals of which are not specifically covered by any other ordinance within the City of Batesville,and WHEREAS,the creation of an appeals body is mandated by various development codes enforced by the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT: Section 1. Creation and Members ® A. There is hereby created the Batesville Appeals Commission. B. The Batesville Appeals Commission shall consist of seven(7)members appointed by the Mayor with the advice and consent of the City Council. C. Five(5)of the members shall be from the professional disciplines, as set forth in Section 2 below,and two(2)of the members shall be members of the public at-large,as set forth in Section 3 below. D. Members from the professional disciplines shall be selected first from the residents of the City of Batesville,however, if no person from that professional discipline is willing and qualified to serve then a member of that professional discipline may be selected from residents of Independence County.If no resident of the City or County of the required professional discipline is willing and qualified to serve then consideration may be given to residents of adjacent counties who are willing and qualified to serve. a. Members of the professional disciplines shall be licensed by the State of Arkansas in their respective discipline,however, if an Arkansas Licensed Professional of the required discipline cannot be located who is willing and qualified to serve then a resident of the City of Batesville,Independence County or an adjacent County who is willing and otherwise qualified to serve but who holds a professional license of the required discipline from another state may be considered.