(A) Application for appeal. Any person affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Works and Public Safety provided that a written application for appeal is filed within 15 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(B) Open hearing. All hearings before the Board 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.
(C) 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 chief administrative officer.
(D) Appeal to the Fire Prevention and Building Safety Commission.
(1) A person aggrieved by an order issued under this code may appeal to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7 if the order relates to a rule adopted by the Commission.
(2) The Commission may review all other orders issued under this code.
(3) The review of an order by the Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)