§ 151.069 APPEALS.
   (A)   Appeals Board. For purposes of this Code, the Board of Zoning Appeals (“Board”) shall hear and decide all appeals permitted by this Code.
      (1)   Board. Board composition and appointment shall be in accordance with Charter, Article VII, § 7.6.
      (2)   Procedure. The Board shall follow its written rules of procedure for hearings and may adopt other rules of procedure not inconsistent with this Code. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
      (3)   Authority. The Board shall hear all appeals relative to the enforcement of this Code, and by a concurring vote of the majority of its members may reverse or affirm, wholly or partly, or may modify the decision appealed from, and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the Code Inspector.
   (B)   Hearings.
      (1)   Any person(s) served with a notice of violation has the right to appeal such notice to the Board. Such appeal must be filed on forms provided by the city and must be filed within 14 days of service of the violation notice.
      (2)   Upon receipt of appeal, the Board shall set a time and place for hearing before the Board and shall give the petitioner written notice by first-class mail postmarked no less than ten days prior to the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any items appearing on such notice and order should be modified, or withdrawn. The failure of the petitioner or his or her representative to appear and state his case at such hearing shall have the same effect as if no appeal were filed.
   (C)   Findings. Prior to sustaining any violation and compliance order, the Board shall make the following findings:
      (1)   The violator was served with a notice of violation and/or citation as provided for in § 151.068;
      (2)   The notice of violation that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for abatement of the violation;
      (3)   Within the time period stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation, and/or by not bringing the use into compliance with the Exterior Property Maintenance Code; and
      (4)   Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of the Exterior Property Maintenance Code and/or conditions imposed by the Board as a prerequisite to the modification of a previous compliance order.
   (D)   Authority of Appeals Board. Within 30 days the hearing, the Board shall render a decision sustaining, modifying or withdrawing any item appearing on the notice and order. The petitioner shall be notified of the decision in writing and served by certified mail or commercial carrier service. No fines or assessments shall be imposed against the violator during the appeals process.
(Ord. 2022-06A, passed 11-8-2022)