Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner. Such a person may file a petition using either, or both, of the following procedures:
(A) Appeal to the Fire Prevention and Building Safety Commission.
(1) A person aggrieved by an order issued under this chapter may appeal to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.
(2) The Commission may modify or reverse any order issued by the city that covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety, or a building rule.
(3) The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
(4) The Fire Prevention and Building Safety Commission may review all other orders issued under this chapter.
(5) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(B) Appeal to an established local administrative body or court. If pursuant to I.C. 36-1-6-9, the city has established by ordinance to hear appeals of orders issued under ordinances, then a person approved by an order may petition for review with this administrative body in accordance with said ordinance. If no such administrative body exists, then the person may petition a court for judicial review of the order.
(Ord. 2005-45, passed 12-27-2005)