(a) Intent of Appeal, Waiver, or Redetermination.
(1) Administrative Appeal. The administrative appeal procedure is instituted to allow any person or any official of the City of Fremont, aggrieved by a decision of the Fire Chief during the administration or enforcement of this Vacant Commercial and Industrial Buildings Ordinance, the opportunity to have the Board of Zoning Appeals, which shall also constitute the Fire Prevention Board of Appeals, to review the order. The Board shall determine whether or not the decision was in conformance with this Vacant Commercial and Industrial Buildings Ordinance.
(2) Waiver/Redetermination. The waiver/redetermination procedure is instituted to allow the Board the authority to grant a waiver/ redetermination from the ruling of the Fire Chief.
(b) Procedure for Appeal, Waiver, or Redetermination.
(1) To initiate any procedure, the Fire Chief or the person authorized to administer the provisions of this Ordinance shall have taken an action involving the administration or enforcement of this Ordinance.
A. An appeal may be filed only if the following conditions are met:
1. The Fire Chief has failed to approve the Vacant Building Plan; that any activity is in violation of this Vacant Commercial and Industrial Buildings Ordinance; or any similar decision.
2. The appeal is based upon an interpretation of the requirements of this Ordinance.
3. The party filing the appeal is an official of the City or owner of the building who believes the interpretation is in error.
4. The appeal has been filed within ten (10) days after the decision.
(2) Applications for administrative appeal or waiver /redetermination are available at the office of the Fire Chief or City Engineer's Office and when completed are to be returned to such office(s). The applications for administrative appeals and waiver/redetermination shall include but not be limited to the following:
A. Name, address, and telephone number of the applicant.
B. Location of the vacant commercial or industrial building including the inlot number.
C. Present and proposed Vacant Building Plan.
D. If required by the Fire Chief, a vicinity map and plat layout containing information required by the Fire Chief.
E. A statement identifying the decision/order which is being appealed or the waiver/redetermination requested and the reason for the request.
F. A fee of fifty ($50.00) dollars as established by Council.
(3) Within three (3) working days after the completed appeal has been filed it shall be transmitted to the Board. Within sixty (60) days of receiving the appeal for a waiver/redetermination, the Board shall hold a public hearing to consider the appeal. Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the City. A notice shall also be sent to the owner and may be posted at the property in question. In addition, written notice of the hearing shall be mailed, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property contiguous to, and directly across the street from the property which is the subject of the appeal. Failure to deliver the notification, as provided in this section, shall not invalidate any such appeal.
(4) The Board shall decide on the application within sixty (60) days after receipt by the office of the Fire Chief. The filing of an administrative appeal shall stay all proceedings in furtherance of the action appealed from, unless the Fire Chief certifies to the Board that, by reason of the facts presented in the application, a stay would cause imminent peril to life and property.
(5) The Board shall render any decision as follows:
A. For administrative appeals, the Board shall reverse, affirm or modify the order, requirement, decision, or determination that is being administratively appealed. Such decision shall, in the opinion of the Board reflect conformity with the provisions of this Vacant Commercial and Industrial Buildings Ordinance.
B. For waivers/redeterminations, the Board shall grant, deny, or modify the waiver/ redetermination. The Board shall take into consideration the following when rendering its decision:
1. Ensuring the intent of this chapter is not contrary to public interests, will not result in unnecessary hardships, and the spirit of the chapter is preserved.
C. The Board shall make a record of all its proceedings, setting forth the reason for its decisions. The record, immediately following the Board's decisions, shall be filed in the offices of the Fire Chief, and shall be open to the public.
(6) A certified copy of the Board's decision shall be transmitted to the applicant.
A. The decision of the Board shall be binding upon the Fire Chief and applicant.
B. If the appeal is denied, the applicant can then pursue the avenues asserted in Section 1521.12(b)(7).
(7) After the ruling of the Board of Appeals, any applicant, person, firm or corporation, or any officer, department, board or agency of the City, or any interested elector of the City who has been aggrieved or affected by any decision of the Board, may appeal from such decision to Council by filing notice of intent to appeal within five (5) days and filing a petition with the Clerk of Council within fifteen (15) days from the date of the decision setting forth the facts of the case.
A. Council shall hold a public hearing on such appeal not later than thirty (30) days after the appeal has been filed with the Clerk. Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the City. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, written notice of the hearing shall be mailed by first class mail, at least ten (10) days before the day of the public hearing to all owners of the property contiguous to, and directly across the street from the property which is the subject of the appeal.
B. Council shall decide on the appeal no later than forty-five (45) days after the public hearing.
C. Council by a three-fourths (3/4) vote of its members may overrule the Board decision.
D. After an applicant has exhausted its appeal process, that person shall not reapply for another appeal to the Board for twelve (12) months following the conclusion of the matter.
(c) Fees Nonrefundable. The fifty dollar ($50.00) fee required to file an appeal to the Fire Prevention Board shall be nonrefundable.
(d) Deposit for Public Cost. Wherever any notice or legal publication is required, the Fire Prevention Board of Appeal shall require a deposit from the person requesting the waiver/ determination which is sufficient to defray the cost of such notice or publication.
(Ord. 2017-3863. Passed 8-3-17.)