Any person aggrieved by an order issued under this subchapter shall have the right to petition for review of any order of the Building Official. Such a person may file a petition using either or both of the following procedures:
(A) Appeal to the Fire Prevention and Building Safety Commission.
(1) A person aggrieved by an order issued under this subchapter may appeal to the Fire Prevention and Building Safety Commission in accordance with I.C. 22-13-2-7.
(2) The Commission may modify or reverse any order issued by the county that covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety, or a building rule.
(3) The Fire Prevention and Building Safety Commission must review orders that concern a
Class 2 Structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
(4) The Fire Prevention and Building Safety Commission may review all other orders issued under this subchapter.
(5) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(B) Appeal to an established local administrative body or court. Pursuant to I.C. 36-7-8-9, a person aggrieved by a decision of the Building Official may appeal as in other civil actions. The appellant must, by registered mail, give the County Executive a 15-day written notice of his or her intention to appeal. This notice must concisely state the appellant's grievance. If, pursuant to I.C. 36-1-6-9, the county has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with said ordinance. If no such administrative body exists, then the person may petition a court for judicial review of the order.
(’86 Code, § 5-28.1) (Ord. 1988-2A, passed 2-16-88; Am. Ord. 2004-3A, passed 3-15-04; Am. Ord. 2005-2A, passed 2-7-05)