(a) Authority. The Board is hereby empowered to hold hearings on appeals from the regulations of this Code.
(b) Procedure.
(1) Upon receipt of a timely-filed appeal, the Enforcement Officer shall set a time and place for the Board to hear such appeal and shall publish notice thereof. The hearing shall be open to the public and shall be recorded either electronically or manually. All parties shall be afforded an opportunity to respond and present evidence and argument. If the appellant fails to appear at such hearing, the Board may proceed with the hearing and make a decision in the absence of the appellant.
(2) The Board's finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, even if such evidence would be inadmissible in court of law. The Board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. The presiding officer of the Board shall conduct the hearing.
(c) Decision of the Board.
(1) No hearing shall be valid unless a majority of the Board is present, and no appeal shall be granted unless reached by a majority of all members of the Board.
(2) The Board shall render a decision based upon the record, at the conclusion of the hearing or within a reasonable time thereafter. The Board may affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of this Code. Following the decision of the Board, all parties shall be notified of the decision personally or by general mail service delivered to the address provided by the party. Any party to the hearing, including the Village, may seek judicial review by filing a petition in the Belmont Common Pleas Court within thirty (30) days after the issuance of the decision of the board.
(d) Composition and Appointment of the Board. The board shall consist of three (3) members, who shall be appointed by the Mayor, with the approval of Council. Members shall be appointed for a period of two years, subject to reappointment. One member shall be a member of Council. (Ord. 3222. Passed 6-27-05.)
CODIFIED ORDINANCES OF BARNESVILLE