(a) Upon the filing of a notice of appeal with the Architectural Board of Review, the Board shall transmit to Council all of the original papers considered in issuing its decision.
(b) Council shall schedule a hearing within a reasonable time after an appeal has been filed and shall notify the owner of the time and place of the hearing by registered mail, return receipt requested. Council shall also cause notice of the filing of the appeal to be sent by registered mail, return receipt requested, to all abutting and adjoining property owners and others considered by the Council to be affected by the proposed appeal. A reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken on the appeal by Council. The notice provided for in this section shall be sent by registered mail to the address of the property owners appearing on the County Auditor's current tax list or the Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of Council. However, if notice is inadvertently not given to a property owner to whom notice should have been given, said property owner can protest the Council's decision and the Council can reconsider and revoke its prior action, provided that the applicant is not prejudiced by the Council's action.
(c) The owner may appear at the hearing in person, by agent or by attorney.
(d) In passing on such appeals Council shall require the submission of evidence to substantiate all claims and may require such additional data as, in the opinion of Council, are needed for adequate consideration of the appeal. Any member of Council or any person authorized by Council may, at any reasonable time, enter, inspect and examine any dwelling or structure for the purpose of carrying out the duties of Council.
(e) Council shall, in every case, reach a decision without unreasonable or unnecessary delay. Every decision of Council shall be in writing, shall be dated, shall indicate the vote upon a decision and shall be promptly filed with the Clerk. A certified copy of the decision shall be sent by registered mail to the owner, return receipt requested, and a copy shall be publicly posted in the office of the Clerk for ten days after mailing.
(f) If Council determines that the owner is in violation of this chapter, its decision shall specify the particular sections of this chapter which have been violated and shall give the owner a reasonable time to complete specified repairs or improvements or to demolish and remove the dwelling or structure or a portion thereof.
(Ord. 2014-03. Passed 4-8-14.)