(A) Except for those matters covered by the Ohio Building Code, any person affected by a decision of the Building Commissioner or a notice or order issued under this Building and Housing Code shall have the right to appeal to the Board of Zoning Appeals, provided that a written application for appeal is filed within ten days after the day the decision, notice or order was served. An order may be reversed or modified by the Board of Zoning Appeals if it finds:
(1) The order is contrary to a provision of this Code;
(2) The order is contrary to a fair interpretation or application of this Code; and
(3) A variance from the provisions of this Code, in a specific case, will not be contrary to the public interest where literal enforcement of this Code will result in unnecessary hardship.
(B) The Board shall schedule a hearing within 30 days of receipt of the application for appeal and notify the party of the date and time of such hearing.
(1) For purposes of conducting hearings, the Board may require the attendance of witnesses and the production of records and papers, and may take depositions of witnesses in accordance with Ohio R.C. 119.09.
(2) Testimony shall be under oath. A stenographic or mechanical record of testimony and other evidence submitted shall be taken at the expense of the Board.
(3) The Board may postpone or continue any hearing on its own motion or upon the application of any party.
(C) The Board shall render its decision within 30 days after the conclusion of the hearing.
(D) A quorum shall consist of two-thirds of the members, and the concurring vote of two-thirds of the members of the Board shall be necessary to reverse, affirm or modify, in whole or in part, the order, interpretation, requirement, direction or failure to act, which is the subject matter of the appeal.
(E) Following the hearing, an order shall be entered, and the Board shall serve, by mail, upon the party affected thereby, a copy of the order and a statement of the time and method by which the appeal may be perfected. A copy of the order shall be mailed to the attorney or other representatives of record representing the party.
(F) Any municipal officer or person who was a party to the hearing before the Board may appeal to the Court of Common Pleas of the county.
(Ord. 70-98, passed 4-20-1998; Ord. 137-12, passed 9-17-2012)