(a) Any owner, agent, operator, occupant, firm or corporation having a legal or equitable interest in the property, including a guardian of the estate of such person, if ordered to take possession of the real property by a court, served with a notice of violation for said property, has the right to appeal such notice to the Board of Zoning and Building Appeals. Such appeal must be in writing, should be filed on forms provided by the village, and must be filed within 14 days of service of the notice of violation required by Section 1468.13(e).
(c) An application for appeal shall be based on a claim that the true intent of this Code has been incorrectly interpreted, the provisions of this Code do not fully apply, or the requirements of this Code are adequately satisfied by other means.
(d) Notice of Meeting. The Board of Zoning Appeals shall meet upon notice from the Clerk, within 30 days of the filing of an appeal, unless the appellant has agreed to an extension of time.
(e) Open Meeting. All hearings before the Board of Zoning Appeals shall be open to the public. Any person may appear and testify at the hearing, either in person or by a duly authorized agent. The Board has the power to:
(1) Subpoena and require the attendance of witnesses;
(2) Administer oaths; and
(3) Compel testimony.
(f) The Village Solicitor will, upon request, attend such meetings to advise the Board.
(g) Decision of the Board. Every decision of the Board of Zoning Appeals made pursuant to this chapter shall be accompanied by a written finding of fact and conclusions of law, based upon testimony and evidence, and specifying the reason for granting or denying the variance.
(h) Board Member Recusal. Members of the Committee are not qualified to vote if they have not attended the hearing, or if they have any interest in the issue appealed.
(Ord. 16-78. Passed 12-13-16.)