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(a) Any person affected by a decision of the Chief Building Official or a notice or order issued under the Building Code, other than an order of condemnation and/or demolition pursuant to Chapter 1391 of the Elyria Codified Ordinances, shall have the right to appeal to the Board of Building Standards and Appeals, provided that a written application for appeal is filed within twenty days after the day that the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the Building Code, as defined herein, or the rules legally adopted thereunder have been incorrectly interpreted, or that the provisions of the Code do not fully apply or that the requirements of the Code are adequately satisfied by other means.
(b) The Board shall hold a hearing within the period of time prescribed and render a decision within a reasonable time which shall not exceed ten days from the hearing of the appeal. The Board may affirm, reject, revoke, institute suspension, recommend prosecution or decide an appeal in the best interest of the appellant or the City, or both.
(c) The decision of the Board shall be by resolution. Copies shall be furnished to the appellant and to the Chief Building Official.
(d) All hearings shall be given public notice in a manner determined by the Board. The appellant, the appellant's representative, the Chief Building Official and any person whose interests are affected shall be given an opportunity to be heard.
(e) Majority vote shall rule, except that the Board shall modify or reverse the decision of the Chief Building Official only by a concurring vote of three members.
(f) When five members are not present to hear an appeal, the appellant shall have the right to request a postponement of the hearing.
(g) The Chief Building Official shall take immediate action in accordance with the decision of the Board.
(Ord. 95-289. Passed 12-18-95; Ord. 2013-69. Passed 6-3-13.)