Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Department. Such a person may file a petition using either, or both, of the following procedures:
(A) Appeal to an established local administrative body or court. Pursuant to I.C. 36-1-6-9, a person aggrieved by a decision of the Building Department may appeal as in other civil actions. The appellant must, by registered mail, give the Building Commissioner a 30 day written notice of his or her intention to appeal. This notice must concisely state the appellant's grievance. If, pursuant to I.C. 36-1-6-9, the town has established by ordinance an administrative body to hear appeals of orders issued under other ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with that ordinance.
(B) Appeal to the Commission.
(1) A person aggrieved by an order issued under this chapter may appeal to the Commission, in accordance with I.C. 22-13-2-7.
(2) The Commission may modify or reverse any order issued by the town 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 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 Commission may review all other orders issued under this chapter.
(5) The review of an order by the 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.
(Ord. 2020-15, passed 5-11-2020)