1355.01 General powers of Appeal Board.
1355.02 Appeal; hearing and notice.
1355.03 Action upon notice.
1355.04 Proceedings at hearings; findings.
1355.05 Procedural rules; quorum.
1355.06 Powers of interpretation.
1355.07 Variances.
CROSS REFERENCES
Board of Building and Zoning Appeals created - see CHTR. § 7.02
Appeals from administrative agencies - see Ohio R.C. Ch. 2506
Contents and service of violation notice - see BLDG. 1353.04
The Board of Building and Zoning Appeals, as created in Section 7.02 of the City Charter, shall conduct hearings and exercise functions as authorized by this Title Seven, the Housing Code. (Ord. 1962-20. Passed 7-23-62.)
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Housing Code, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Board of Building and Zoning Appeals on all matters set forth in such notice; provided that such person shall file in the office of the Housing Inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten calendar days after the day the notice was served. The filing fee for such petition shall be five dollars ($5.00).
Upon the receipt of such petition, the Housing Inspector, acting as executive secretary to the Board, shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than thirty days after the day on which the petition was filed; provided, that upon application of the petitioner, the Board of Building and Zoning Appeals may postpone the date of hearing for a reasonable time beyond such thirty day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
(Ord. 1962-20. Passed 7-23-62.)
After such hearing, the Board of Building and Zoning Appeals shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this Housing Code and the rules and regulations adopted pursuant thereto have been complied with. If the Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Section 1353.04 shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Inspector within ten calendar days after such notice is served. Any permit required by this Housing Code or required by any rule or regulation adopted pursuant thereto, shall be deemed to have been revoked if the Board of Building and Zoning Appeals after a hearing sustains the notice of suspension. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the Housing Inspector within ten calendar days after such notice is served.
(Ord. 1962-20. Passed 7-23-62.)
The proceedings at such hearings, including the findings and decision of the Board of Building and Zoning Appeals, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Department of Building and Housing Inspection. The findings, decisions and orders of the Board of Building and Zoning Appeals shall be final. Such record shall also include a copy of every notice or order issued in connection with the matter.
(Ord. 1962. Passed 7-23-62.)
The Board of Building and Zoning Appeals shall adopt rules of procedure not inconsistent with this Housing Code. No member of the Board shall take part in any hearing or determination in which he has a personal or financial interest. Four members of the Board in attendance at any meeting shall constitute a quorum. (Ord. 1962-20. Passed 7-23-62.)
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