132.12 RIGHT OF APPEAL.
   (a)    All persons shall have the right to appeal any decision, notice or order of a Building Inspector of the City which relates to residential or commercial structures. Residential appeals and appeals of issues under Property Maintenance Chapter 1335 shall be made to the Building Advisory Board. Appeals of any decision, notice or order of a Building Inspector of the City which relates to commercial structures, except for appeals under Property Maintenance Chapter 1335, shall be made to the Ohio Board of Building Standards. The filing of an appeal from a decision, notice or order shall suspend action on enforcement until the appeal is acted upon.
   (b)   Each appellant or applicant and the Building Inspector, and any other person whose interest may be affected by the appeal, shall be given a fair opportunity to be heard orally, in person or by counsel, and to present written arguments.
   (c)    Any person adversely affected may appeal a decision of a City Building Inspector refusing to grant a permit or to permit the use of a particular material and/or equipment or method of construction in a proposed structure, provided such appeal is filed within fourteen days of the date of receipt of the written decision from the Building Inspector. The appeal may include proposed alternatives, modifications, or substitutions, complete plans of structure, and other pertinent information and payment of fees.
      (1)    The appeal shall be based on one or both of the following grounds, to-wit:
         A.   That the interpretation, filing, or order is erroneous or constitutes an erroneous application of the particular provision of the Building Code or related laws and ordinances involved, or is otherwise contrary to law.
         B.   That a modified application or alternative arrangement is available and feasible whereby the stricter application of a particular provision may be modified with alternatives without defeating the public safety, health and general welfare, purpose and intent of the Building Code or related laws and ordinances involved.
      (2)    The hearing of any appeals relating to residential structures shall be held within a reasonable time, but not to exceed thirty days following receipt of the appeal by the Secretary of the Board. The Board shall provide the appellant with written notice of its decision within ten days after the final hearing and otherwise in accordance with Section 132.04(c) of the Codified Ordinances.
      (3)    The hearing of any appeals relating to commercial structures shall be scheduled by the Ohio Board of Building Standards and will otherwise be conducted according to the rules and regulations as established by the Ohio Board of Building Standards.
         (Ord. 12-102-99. Passed 12-21-99.)