(a) Application for Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Zoning Appeals, provided that a written application for appeal is filed with the Clerk of Council within five business days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(b) Board of Zoning Appeals.
(1) Establishment. The Board of Zoning Appeals (BZA) shall have all powers as are conferred by Carlisle Council to execute the purpose declared in this code. The Board membership and conduction of meetings shall be in compliance with Section 1244.07
(2) Conflict of interest. No member of the BZA shall vote or participate in the discussion of any question before the BZA in which he or she has a personal or pecuniary interest.
(3) Additional rules of procedures. The BZA shall adopt additional rules of procedures, as it deems necessary to conduct business and review of this code.
(4) Review of suspected violations of environment requirements. The BZA may, at the request of the Code Official, review any suspected vioaltions of this code referred to it by said Code Official and submit a written recommendation to the Code Official
(5) Additional powers. The BZA shall have all additional powers granted by the Council to conduct business and review of this Code.
(c) Review of Appeal.
(1) Hearings. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the BZA, provided that such person shall file in the Clerk of Council an appeal on forms provided by the municipality. The appeal shall be filed within five days after the day the decision, notice or order was served. Upon receipt of such a petition, the BZA shall set a time and place for a hearing before the BZA and shall give the petitioner written notice thereof by first class mail, postmarked at least five days prior to such hearing. The hearing shall be held no less than ten days and no more than thirty days from the date the petition was filed and deemed by the Code Official to be complete. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his or her case at such hearing shall have the same effect as if no petition were filed.
(d) Findings. Prior to sustaining any violation notice and compliance order, the BZA shall make the following findings:
(1) The violator was served with a notice of violation as provided for in Section 1466.07.
(2) The notice of violation that was served stated the specific nature of the violation, corrective action needed to be taken to abate the violation and a specific time period for abatement of the violation.
(3) Within the time stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation and/or by not bringing the use into compliance with this code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of this code and/or conditions imposed by the Appeals Board as a prerequisite to the modification of a previous compliance order.
(e) Authority of Appeals Board. Within thirty days of the public hearing, the BZA shall render a decision sustaining, modifying or withdrawing any item appearing on the notice and order. The petitioner shall be notified in writing of such action.
(Ord. 31-07. Passed 10-23-07; Ord. 21-21. Passed 9-14-21.)