Any person directly affected by a decision of the Chief Code Official or a notice or order issued under this Code shall have the right to appeal such decision, notice or order to the Fairborn Board of Zoning Appeals, provided that a written application for appeal is filed within ten (10) calendar days after the first date the appellant gains knowledge of such decision, or within ten (10) calendar days after the date such notice or order was served. An appeal application fee in the amount then established by the City Manager shall accompany each appeal application, unless the Chief Code Official makes a determination of indigency of appellant and in such instances the application fee shall be waived. An application for appeal shall include the written basis for the appeal, such as:
(a) The intent of this Code has been incorrectly interpreted, or
(b) The provisions of this Code do not apply, or
(c) The requirements of this Code are adequately satisfied by other means, or
(d) Some other reason or basis for the appeal.
The original written appeal, plus five (5) copies of same shall be filed with the office of the Chief Code Official.
The Board of Zoning Appeals shall have jurisdiction to hear appeals that are timely filed and are appeals from a decision of the Chief Code Official. For each timely filed appeal application the Board shall conduct a hearing within a reasonable time after the date the application is filed, however no such hearing shall begin later than sixty (60) days after the date of application filing unless the appellant consents in writing to such hearing date.
There shall be and hereby is created a Property Maintenance Code Appeals Board, hereinafter referred to as the Board, consisting of at least three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. Members of the Board shall be appointed by City Council. This Board shall carry out all the duties and obligations required of the Board in this Code. No member shall hear an appeal in which that member has a personal, professional or financial interest.
Notice of meetings shall conform to Ohio R.C. Sec. 121.22. The procedure and conduct of Board proceedings shall adhere to Robert's Rules of Order, unless otherwise provided for by written and Board adopted rules of procedure.
Hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Chief Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the Board membership.
The Board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
When the full Board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
The Board shall modify or reverse the decision of the Chief Code Official only by a concurring vote of a majority of the total number of appointed board members.
The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the Chief Code Official.
The Chief Code Official shall take immediate action in accordance with the decision of the Board.
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 chief administrative officer.
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 Appeals Board.
(Ord. 21-15. Passed 6-15-15.)