Any person aggrieved by an order issued under this subchapter 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 subchapter may appeal to the Fire Prevention and Building Safety Commission in accordance with I.C. 22-13-2-7.
(2) The Fire Prevention and Building Safety Commission may modify or reverse any order issued by the county 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 subchapter.
(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 a court.
(1) Pursuant to I.C. 36-7-8-9, a person aggrieved by a decision of the Building Department may appeal as in other civil actions to a court for judicial review.
(2) To appeal, the appellant must, by registered mail, give the Commissioners a 15-day written notice of his or her intention to appeal. The notice must concisely state the appellant’s grievance.
(Ord. 08-400, passed 11-3-2008; Ord. 2013-330, passed 8-5-2013)