1361.01 Composition; term and meetings.
1361.02 Appeals.
1361.03 Modifications and variances.
1361.04 Decisions.
1361.05 Appeals from decisions of the Board.
CROSS REFERENCES
Power to regulate: see Ohio R.C. 715.26; 715.29; 737.28
Director of Law: see Ohio R.C. 733.01, et seq.
Dangerous building(s) - see BLDG. Chap. 1351
Building Inspector duties - see BLDG. 1351.07
(a) Appointment. There is hereby established in the City a Building Appeals Board consisting of five members who are qualified by experience and training to pass judgment upon matters pertaining to building construction and who shall be appointed by the Mayor. The Mayor shall designate one of the members to serve as Chairman. All members of the Board shall be residents of the City.
(b) Term of Office. The Mayor shall appoint one member of the Building Appeals Board for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. Thereafter, each member shall be appointed for a term of five (5) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Mayor, render such member liable to immediate removal from office by the Mayor.
(c) Quorum. Three (3) members of the Board shall constitute a quorum. In varying the application of any of the provisions of the Building Code or in modifying an order of the Building Inspector, the affirmative votes of three members shall be required. No member of the Board shall vote upon any question in which he, or any corporation in which he is a shareholder, is interested.
(d) Meetings and Records. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote, or the absence or failure to vote of each member upon every question, and shall also keep records of its examinations and other official actions. The minutes and records shall be public records.
(e) Procedure. The Board shall establish rules and regulations for its own procedure which are consistent with the provisions of the Building Code.
(Ord. 14-12-O. Passed 4-23-12.)
(a) Any aggrieved person or the principal officer of any agency of the City may appeal to the Building Appeals Board from any decision of the Building Inspector.
(b) An appeal shall be made within ten (10) calendar days from the date of the decision appealed by filing with the Building Inspector a notice of appeal, specifying the grounds therefor. However, in the case of a building or structure which, in the opinion of the Inspector, is unsafe or dangerous, the Inspector may, in his order, limit the time for such appeal to a shorter period. The Inspector shall forthwith transmit to the Board all the papers pertaining to the decision from which the appeal was made.
(Ord. 14-12-O. Passed 4-23-12.)
(a) Any appellant, the Building Inspector and any other person whose interests may be affected by the appeal shall be given a fair opportunity to be heard, in person or by counsel, and to present written argument.
(b) The Building Appeals Board, after a hearing in the presence of the appellant and the Inspector or their representatives, who have been given at least seven (7) calendar days notice in advance of such hearing, shall have the power to reverse or modify the order of the Inspector, if it finds:
(1) That the order is contrary to the Building Code and any rule or regulation made thereunder or contrary to a fair interpretation or application thereof; or
(2) That a variance from the provisions of the Building Code or any rule or regulation made thereunder, in the specific case, will not be contrary to the public interest where a literal enforcement of such provisions will result in unnecessary hardship.
(c) A decision of the Board to vary the application of any of the provisions of the Building Code or to modify an order of the Inspector shall specify the manner in which such variance or modification shall be made, the conditions upon which it is made and the reasons therefor.
(d) The Board shall, upon application from either the appellant or the Inspector, grant a rehearing before the Board in any case where new evidence is presented which, in the opinion of the Chairman, justifies such rehearing. The rehearing shall not serve to stop execution of the previous decision of the Board pending the rehearing, unless the Board, by special action, so directs.
(Ord. 14-12-O. Passed 4-23-12.)
(a) The Building Appeals Board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision shall be in writing, shall indicate the vote upon the decision, shall be promptly filed in the office of the Building Inspector ("Inspector") and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Inspector for two (2) weeks after filing.
(b) If a decision of the Board reverses or modifies a refusal, order or disallowance of the Building Inspector or varies the application of any provision of the Building Code, the Inspector shall take action immediately in accordance with such decision.
(Ord. 14-12-O. Passed 4-23-12.)
Any person aggrieved by a decision of the Building Appeals Board, whether previously a party to the proceeding or not, or any officer or any board may, after the filing of such decision in the office of the Building Inspector, appeal to the appropriate court in accordance with law.
(Ord. 14-12-O. Passed 4-23-12.)
CODIFIED ORDINANCES OF CELINA