(A) Any determination or decision made by the Department, Board of Electrical Examiners, Building Commissioner, Plumbing Inspector, and/or Electrical Inspector, or their respective designee, is subject to review as provided for in this section and applicable state law.
(B) Except as required by Indiana Law, no person, firm, or corporation shall be entitled to a review of an administrative decision under this chapter unless a written request for review is received by the Department within ten days following the date of the decision, or posting or notice thereof if posting or notice is required by this chapter. The request must describe the decision to be reviewed and the relief requested.
(C) Upon receipt of any request for review, the Department shall issue a notice of review to all interested parties containing the name(s) of the person(s) aggrieved by the administrative decision; a description of the decision to be reviewed; and a statement of the time and place of a hearing before the city Board of Public Works and Safety, not earlier than five days from the issuance of the notice, wherein aggrieved persons are entitled to appear with or without legal counsel, present evidence, cross examine opposing witnesses, and present arguments in opposition to the administrative decision.
(D) At any hearing before the City Board of Public Works and Safety to review any administrative decision, the hearing authority shall make findings of fact and affirm, rescind, or modify the administrative decision. If, at a hearing to review an administrative decision, a person, firm, or corporation aggrieved by the decision requests an additional period of time to accomplish any action required by the decision, and shows good cause for the request to be granted, the hearing authority may grant the request.
(E) (1) Any final action taken by the City Board of Public Works and Safety, except as provided in subdivision (2), is subject to review by the Huntington Circuit or Superior Court on request of any person who has a substantial property interest relating to the property affected by the administrative decision, or any person otherwise directly affected by the decision. A person requesting judicial review must file a verified complaint with the appropriate court within ten days after the date final action was taken by the hearing authority. A judicial review is an action de novo and the court may affirm, modify, or reverse the action taken by the hearing authority.
(2) Mandatory or permissive review of an order of any political subdivision relating to this chapter to the State Fire Prevention and Building Safety Commission shall be made in accordance with IC 22-13-2-7 and IC 4-21.5-3-7.
(Ord. 12-C-91, passed 7-25-91)