(1) Subpoena. The building code board shall have the power to compel persons to attend, to give relevant testimony and to compel the production of relevant evidence by subpoena upon application by the appellant, by the administrative officer of the city whose action is being appealed, either of whom shall be referred to in this subsection as a party, or by the city attorney, who shall supply his or her own subpoena. Reasonable witness fees shall be paid to a nonparty by the party requesting attendance of the witness under subpoena upon timely demand by the witness. All expenses involved in producing evidence shall be paid by the party requesting such evidence. The building code board shall have the power to compel the production of evidence, at the expense of the party so compelled and in whose control the evidence resides, provided such action is reasonable and not oppressive. The chairperson or, in the chairperson's absence, the vice-chairperson may administer oaths and accept affirmations. Upon failure by a party or person to comply with such subpoena or to give relevant testimony while under or while not under subpoena or to produce relevant evidence while under subpoena, the building code board may, in its discretion, render a decision against the party for whom the witness so refusing was called.

(2) Recording and transcript cost. Verbatim recordings of the proceedings of the building code board shall be necessary. Whenever a transcript of such recording is demanded by the appellant or when a transcript is furnished by the city pursuant to court order, the cost of preparing the transcript shall be borne in full by the appellant.

(3) Representation. An appellant may appeal before the building code board in person or by an agent authorized as such in an acknowledged writing filed in the office of the chief building official or accompanied or represented by an attorney. Interested persons may also attend.

(4) Notice of decision. The building code board shall hear all relevant evidence and within a reasonable time thereafter shall render its decision. A notice of the decision within a reasonable time thereafter shall be delivered in person or by certified mail to the appellant, to the director of development services or the director's designee and to the chief building official or the official's designee and to the city attorney. For certified mail, notice to the appellant shall be effective upon mailing, and notice to other persons described in this subsection shall be effective upon receipt. (Ord. No. 2008-07, § 2, 2-25-2008; Ord. No. 2006-78, § 1(Exh. A), 1-8-2007)