(A) Any person receiving an order from the Code Enforcement Officer, within 15 days following the date of the notice, enter an appeal in writing to the Zoning Board of Appeals. The appeal shall state the location of the property, the date of the notice of violations and the number of the notice. The appellant shall state the variance or modification requested, the reasons therefor and the hardship and/or conditions upon which the appeal is made. No appeal filed later than 15 days after the date of the notice shall be acted upon by the Board, unless the Code Enforcement Officer shall consent thereto.
(B) (1) The Zoning Board of Appeals shall notify the appellant at least seven days in advance of the date set for the hearing set on the appeal stating the time and place of the hearing. The Board may consider any matter contained in the record of the Code Enforcement Officer and may take any additional testimony that may be offered by the appellant or the Code Enforcement Officer. After the hearing on appeal, the Board shall report its findings of fact in support of its determination on the issues, which may affirm, modify or reject the findings of fact, determinations and orders of the Code Enforcement Officer, and shall cause such to be served upon the appellant owner.
(2) The Board may establish its own rules of procedure, provided the rules are not in conflict with this chapter or the laws of the state. The rules of evidence prevailing in courts of law or equity shall not be controlling in appeals or hearings before the Board.
(C) The Code Enforcement Officer shall not take any action on an order issued by him until after the 15-day period for the owner to appeal to the Zoning Board of Appeals. An appeal to the Board shall operate a stay of the order of the Code Enforcement Officer until the appeal is heard and the Board has issued its order.
(D) Any person affected by this chapter shall have the right to appeal from the Zoning Board of Appeals to a state court of competent jurisdiction within 30 days after the Board's decision. Any order of the Board shall state that the owner has the right to appeal to a state court of competent jurisdiction as provided in this section. The Code Enforcement Officer shall, from the time an appeal is made and one issue is resolved, stay any further action on his part with regard to the structure and/or property in question.
(E) All requests for appeal shall be accompanied by payment of $100 to cover the costs associated with such hearing.
(Ord. 2014-04, passed 5-12-14)