(a) Any decision of the Building Official made in the enforcement of the Building Code of the City may be appealed to the Board by any person adversely affected by such decision.
(Ord. 2004-71. Passed 5-19-04.)
(b) An appeal shall be perfected by the appellant filing with the Building Official a notice of his intention to appeal, and a recital of the decision appealed and the appellant's exception thereto, together with the applicable fees, as described in Section 1312.02, entitled zoning permits and board application fees. Upon receipt of such notice, the Building Official shall, within seven business days appealed and the appellant's exceptions thereto, together with a statement by the Building Official of his reasons for such decision.
(Ord. 2012-132. Passed 12-19-12.)
(c) The appellant may, at his own expense, be represented at the hearing of his appeal by counsel and by any experts on the question appealed whom he may select. The Board shall have the authority to call on such other persons for testimony as it sees fit.
(d) The fee set forth in subsection (b) hereof shall be refunded by the City in the event the appellant prevails in his appeal before the Board if the decision on appeal overturns or modifies the decision of the Building Official on matters of Code interpretation; however, such fee shall not be refunded if the appellant is granted a variance of if the appellant is unsuccessful and an appeal is denied on matters of Code interpretation.
(e) Requests for hearing shall be within thirty days of the mailing date of an adjudication order.
(1) The Board may postpone or continue any adjudication hearing on its own motion or upon the application of any party.
(2) The Board shall keep a full and complete record of all proceedings which shall be open to public inspection.
The Board shall render its decision within thirty days after the hearing.
Following the hearing, an order shall be entered on its journal and the local board shall serve by certified mail, return receipt requested, upon the party affected thereby, a certified copy of the order and a statement of the time and method by which an appeal may be perfected. A copy of the order shall be mailed to the attorney or other representatives of record representing the party.
The decision of the Board of Building Appeals is a final decision of the City of Kent. Appeals may be filed in accordance with Ohio R.C. 2505 and Ohio R.C. 2506.
(Ord. 2004-71. Passed 5-19-04.)