1341.03 RESIDENTIAL BOARD OF BUILDING APPEALS.

   There is hereby established in the City a board to be called the Residential Board of Building Appeals, which shall consist of the same members as the Zoning Board of Appeals.

(Ord. 65-15. Passed 9-1-15.)

1341.04 POWERS OF THE BOARD.

   The Residential Board of Building Appeals shall hear and decide the adjudication hearing arising from orders of the Building Official in the enforcement of the Residential Building Code or other such rules, regulations or ordinances of the City pertaining to residential buildings. The orders may be reversed or modified by the Board if it finds:

   (a)   The order contrary to such Code, rules, regulations or ordinances;

   (b)   The order is contrary to a fair interpretation or application thereof; or

   (c)   That a variance from the provisions of such Code, rules, regulations, or ordinances, in a specific case, will not be contrary to the public interest where literal enforcement of such provisions will result in unnecessary hardships.

      (Ord. 65-15. Passed 9-1-15.)

1341.05 RIGHT TO APPEAL.

   Any person, firm, company or corporation has the right to appeal any decision of the Building Official relating to any provisions of the Residential Building Code. Anyone desiring to appeal a decision of the Building Official may do so by filing a written appeal to the Residential Board of Building Appeals.

(Ord. 65-15. Passed 9-1-15.)

1341.06 HEARING AND RIGHT OF APPEAL; COSTS.

   (a)   Requests for an appeals hearing shall be made in writing to the Building Department within thirty days of the mailing date of an adjudication order. Each request shall be accompanied with a processing fee of seventy-five dollars ($75.00). The Residential Board of Building Appeals shall schedule a hearing within 30 days and notify the party of same by certified mail, unless notice is waived in writing.

   (b)   All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Building Official and any person whose interests are affected shall be given an opportunity to be heard.

   (c)   For purposes of conducting adjudication hearings, the Board may require attendance of witnesses, production of records or documents, and may take deposition of witnesses. Testimony shall be under oath, with a stenographic or mechanical record kept, along with such evidence as submitted.

   (d)   The Board shall render its decision within ten days after the conclusion of the hearing.

   (e)   Following the hearing, the Board shall serve by certified mail upon the party affected thereby, a certified copy of the Board’s decision.

   (f)   Any decision of the Board to modify or reverse the decision of the Building Official shall be by a concurring vote of at least three members.

   (g)   The Building Official shall take immediate action in accordance with the decision of the Board.

   (h)   All rulings of the Board shall constitute a final appealable order. However, an appeal of the Board’s ruling may be made to the Court of Common Pleas in accordance with Ohio R.C. Chapter 2506.

(Ord. 65-15. Passed 9-1-15.)