(a) For the purpose of performing repairs, alterations or maintenance on the exterior of any dwelling, building or structure, necessary to effect compliance with the provisions of any Ohio statute, the Ohio Basic Building Code, the City’s Building or Housing Codes or any other City ordinance, or any lawful rules adopted or order issued pursuant thereto, a property owner or his agent or employee shall obtain the consent to enter the adjoining premises from the owner, agent, or occupant of such premises. If consent is granted, the party requesting permission to enter shall preserve and protect from injury at all times and at his own expense such adjoining structure or premises.
(b) Should consent be denied, the party seeking permission to enter the adjoining premises shall apply in writing to the Building Commissioner who shall conduct the necessary investigation into the matter, and, upon good cause shown, may order the issuance of a permit to enter the adjoining premises. Such order may be appealed to the Board of Zoning Appeals by the owner, agent or occupant of the adjoining premises, or by the party seeking permission to enter the adjoining premises, if such permission is denied.
(c) Notwithstanding the provisions for appeal specified in Section 1409.09
, the procedure for appeal under this section shall be as follows:
(1) The appeal shall be in writing and submitted to the Board of Zoning Appeals within five (5) regular business days from the date notice is received that a permit has or has not been issued, which notice shall be given by the Building Commissioner to the party seeking to enter the adjoining premises, and to the owner, agent or occupant of such premises.
(2) Upon the filing of an appeal, a hearing shall be held before the Board of Zoning Appeals, at a time and place fixed by the Board.
(3) Except in cases of emergency as set forth in Section 1409.05, the filing of an appeal shall suspend the issuance of a permit to enter the adjoining premises until the appeal is acted upon by the Board.