(A) Scope of appeal. In any appeal, the scope of review shall be limited to:
(1) The interpretation of a particular ordinance or code provision;
(2) The factual circumstances of the particular case; and
(3) The application of code provisions to the facts of the particular case. The reasonableness of the exercise of any discretionary function, including the choice of a code enforcement remedy or a technique in a particular case, shall not be subject to review unless the Board of Appeals agrees to hear an appeal upon such grounds.
(B) Ownership or equitable interest. Any person, firm or corporation having any ownership or equitable interest in a property or structure, who is affected by an interpretation, notice or order issued by the Building Official, may request to appeal such notice or order. A written appeal shall be filed with the secretary of the Board of Appeals requesting hearing and setting forth a statement of the grounds for appeal on or before the date upon which a notice or order issued by the Building Official is effective or is to be complied with or within ten days after the day upon which such notice or order is received, whichever period is less. Within ten days of receipt of such petition, the secretary of the Board of Appeals shall set a time and place for hearing on said appeal and shall give the petitioner, the Board of Appeals and all interested parties notice thereof. At such hearing, the petitioner, Building Official and other interested parties shall be given an opportunity to be heard and to show cause why such notice or order appealed from should be sustained, modified or withdrawn. The hearing shall commence no later than 30 days after the date on which the petition was filed. After such hearing, the Board shall sustain, modify or withdraw the notice depending on their findings. If the Board sustains or modifies a notice, it shall be deemed an order and the building in question shall be brought in compliance with the provisions of such order within a reasonable period of time as determined by the Board. After a hearing before the Board in the case of any notice suspending any permit required by this title, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. The determination of the appeal made by the Board shall be reduced to writing and entered as a matter of public record in the office of the Building Official. The secretary of the Board of Appeals shall notify all appealing parties of the Board’s determination and disposition of the appeal by written notice sent by certified mail.
(C) Effective appeal upon notice or order. No party filing an appeal with the Board of Appeals upon a notice or order shall be entitled to a stay of the effective date or date of required compliance as set forth in such notice or order unless the Building Official or Board of Appeals grants such a stay.
(Prior Code, § 3-21)