(a) In addition to other remedies provided by law, the Village may enjoin or take any other action against any administrative decision or order including an appeal under Sections 1139.06
or 1141.06
of the Zoning Code, made or issued under this Zoning Ordinance by Council, the Village Manager, Board of Building and Zoning Appeals, Planning Commission, Zoning Inspector, or other officer, employee, or entity of the Village on grounds that the decision or order is unlawful, arbitrary, unreasonable, not supported by a preponderance of evidence, or an abuse of corporate power, or was procured by misrepresentation, fraud, or corruption. The Village may also attack or avoid any such decision or order on such grounds in any action brought against it or any of its officers, employees, or other entities.
(b) Pursuant to subsection (a) hereof, Council may review any such administrative decision or order upon written request of the Village Manager, Law Director, or Zoning Inspector, or upon its own initiative. The decision to conduct a review shall be made by resolution of Council. A resolution shall indicate the basis for the review and refer to the pertinent legal provisions. Council shall conduct the review as prescribed in Section 1137.01
of this Zoning Ordinance.
(c) Except for cases involving misrepresentation, fraud or corruption, no decision or order shall be reversed, revoked, or modified under subsections (a) or (b) hereof after there has been a substantial change of position, substantial expenditure, or a significant incurrence of obligations in justifiable reliance on the decision or order.
(d) This section confers authority to attack and avoid administrative decisions as set forth in Willoughby Hills vs. C.C. Bar's Sahara, Inc. (1992), 64 Ohio St. 3d 24, and State ex rel. Broadway Petroleum Corp. vs Elyria (1969), 18 Ohio St. 2d 23.
(Ord. 15-08. Passed 1-7-09.)