Unless otherwise amended through the Code, § 153.78 herein or by other action of the Corporate Authorities, the procedures outlined in this section shall apply to all applications for appeal. The village may amend these procedures by administrative action, without a public hearing or resolution.
(A) Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under the International Property Maintenance Code, shall have the right to appeal to the BOA, provided that a written application for appeal on a form approved by the village is filed within 20 days after the day the decision, notice or order was issued. An application for appeal shall be based on a claim:
(1) That the true intent of the Code or the rules legally adopted thereunder have been incorrectly interpreted;
(2) That the provisions of the Code do not fully apply; or
(3) That the requirements of the Code are adequately satisfied by other means.
(B) Notice of meeting. The BOA shall meet upon notice from the Chairman, within 20 days of the filing of an application for appeal, or at stated periodic meetings.
(C) Open hearing. All hearings before the BOA shall be open to the public. The appellant, the appellant’s representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum (consisting of not less than two-thirds of the BOA membership) must be present to conduct a hearing.
(D) Rules of evidence. Strict compliance with legal rules of evidence will not be required. However, the BOA shall only hear and consider relevant information.
(E) BOA Decision. The BOA shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed BOA members.
(1) Records and copies. The decision of the BOA shall be recorded. Copies shall be furnished to the appellant and to the Code Official.
(2) Administration. The Code Official shall take immediate action in accordance with the decision of the BOA.
(F) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the BOA.
(G) Optional provisions.
(1) Postponed hearing. Either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing in the event the full BOA is not present at any scheduled hearing on appeal.
(2) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Village Administrator.
(Ord. 922, passed 8-27-2008)