(A) An Owner may appeal a written determination, decision, finding, or order of the Director regarding the Owner's obligations under this Chapter by filing an Appeal with the City of Lima Board of Building Appeals within 45 days of the date of mailing of the Director's decision or order. The appeal shall be in writing and shall state the reasons for the appeal. The Owner has the burden of production and the burden of proof by a preponderance of the evidence. The Board may affirm, reverse, or modify the decision of the Director, as it determines to be appropriate, based on the preponderance of the evidence presented by the Owner.
(B) Any enforcement action on the determination, decision, finding, or order of the Director shall be tolled during the pendency of such an appeal. This right to appeal, however, shall not prevent the City from issuing citations prohibiting occupancy under any other provisions of the C.O.L. or state law when life safety issues are present in a Rental Housing Unit.
(C) An Owner, or the Director if authorized to do so by the Mayor, may appeal the decision of the Board to a court of jurisdiction in accordance with state law.
(Ord. 250-23. Passed 1-2-24.)