(A) Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner.
(B) A person shall file a petition using either, or both, of the following procedures.
(1) Appeal to the Fire Prevention and Building Safety Commission.
(a) A person aggrieved by an order issued under the Building Code may submit a petition for review to the Fire Prevention and Building Safety Commission in accordance with I.C. 22-13-2-7.
(b) The Commission may modify or reverse any order which covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule or a building rule.
(c) The Fire Prevention and Building Safety Commission must review orders which concern a Class 2 structure within 30 days after issuance of the order if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7.
(d) The Fire Prevention and Building Safety Commission must review all other orders issued under this chapter which cover a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule or a building rule.
(e) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period in which a person must petition a court for judicial review under any statute.
(2) Appeal to an established local administrative body or court.
(a) Pursuant to I.C. 36-1-6-9, the city has established that a person aggrieved by an order may petition first for a hearing before the Director of Redevelopment and Environmental Affairs, and upon failing to get satisfaction or being not in agreement with the finding by the Director, to the Board of Public Works and Safety, which shall hold a hearing on the merits of the appeal at its next regular meeting following the finding of the Director which was not accepted by the aggrieved party.
(b) The administrative remedy existing appeal for judicial review is not allowed.
(Prior Code, § 15.12.360) (Ord. 2003-01, passed 3-3-2003)