(a) Any owner, agent or person having charge who is served a notice of violation of a provision of this Chapter, may, within ten days of receipt of such notice, appeal the findings of Zoning Inspector, or his duly designated representative to the Board of Zoning Appeals. Such appeal shall be made by filing with the Board of Zoning Appeals, a Notice of Appeal on forms provided for such purpose by the Zoning Inspector. Said appeal shall be based upon a claim that the true intent of the CABO One and Two Family Dwelling Code, the BOCA National Property Maintenance Code, the International Maintenance Code, the rules of the Lake County Building Department, the laws of the State of Ohio, the ordinances and resolutions of the Village, or other applicable code, law, or statute, or the rules adopted thereunder, have been incorrectly interpreted, do not fully apply, or the requirements of this Chapter have been adequately satisfied by other means. The fee for filing said appeal shall be set by Council.
(b) Said appeal shall be scheduled for a hearing before the Board of Zoning Appeals not later than fifteen (15) days after receipt of the aforesaid notice by the Zoning Inspector, and he shall notify the appellant in writing of the time and place of the hearing at least seven (7) days in advance of said hearing, at the address that appears on the form. The appellant may waive the right to such written notice.
(c) The appellant shall have the right to appear in person, and with legal counsel. The hearing before the Board of Zoning Appeals shall be conducted pursuant to these Codified Ordinances and general law. A record of the hearing and decision of the Board of Zoning Appeals shall be made according to Chapter 1141.03 and other applicable provisions of these Codified Ordinances.
(Ord. 2002-116. Passed 11-12-02.)