(A) General.
(1) Form of appeal.
(a) Any person entitled to appeal under this code may do so by filing at the Office of the City Clerk a written appeal containing:
1. The names of all appellants participating In the appeal.
2. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the appeal.
3. A brief statement in ordinary and concise language of that specific order or action protested along with a copy of the order, notice, or action together with any material facts claimed to support the contentions of the appellant.
4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
5. The signatures of all parties named as appellants and their official mailing addresses.
6. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
(b) The appeal shall be filed prior to the effective date of the order.
(2) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk or their staff shall file and stamp the appeal then deliver by mail or electronic means a copy of it to the party responsible for issuing the order, notice, or action under appeal as well as a copy to the Office of the City Attorney.
(3) Scheduling and noticing appeal for hearing. The Office of Administrative Hearings shall schedule the hearing pursuant to the provisions of the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(B) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions herein shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or to any portion thereof.
(C) Scope of hearing appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(D) Staying of order under appeal. Enforcement of any notice and order of the Department issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 2020-030; Am. Ord. 2023-015)