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Upon the failure, neglect or refusal of the business within two (2) days after receipt of written notice to comply with this chapter, the City of Lorain, through its Safety/Service Director, is hereby authorized to charge the business with the civil penalty, the result of such charge shall be determined at a hearing held before the Safety/Service Director. Such hearing shall take place within ten (10) days after the charge levied upon the business.
(Ord. 36-23. Passed 2-20-23.)
(a) Any aggrieved business affected by any decision or interpretation of the Director of Public Safety/Service in connection with the interpretation or enforcement of any of the provisions of any pertinent ordinance, may appeal to the Housing Board of Appeals. Such appeal shall be taken within ten (10) days from the date of decision by filing with the Building Inspector a written notice of appeal, specifying the grounds therefore and by paying a filing fee of one hundred dollars ($100.00) at the office of the Building Inspector at the time the notice is filed. The Appeals Board may waive such one hundred dollar ($100.00) fee for extreme hardship cases.
(b) The Building Inspector, upon receipt of an appeal, shall transmit to the Board the papers and information constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action from which the appeal is taken, unless the Building Inspector certifies to the Board that by reason of facts stated in the certification, in his opinion, a stay would cause imminent peril to life or to property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the Board or by a court of competent jurisdiction.
(c) The Board shall fix a time for hearing of the appeal. It shall give written notice to the parties in interest at least ten (10) days before the date set for the hearing. Such notice shall contain the date, the hour and the place for the hearing and shall be served upon the appellant at his last known address by certified mail, return receipt requested. Upon the hearing, the parties in interest may appear in person or may be represented by an attorney.
(d) The Board shall render a decision within forty-five (45) days from the date on which the appeal is filed.
(e) Upon hearing an appeal, the Board shall have power to affinn, or if it finds erroneous action, to reverse, set aside or modify the order under appeal. The Board shall have no power to authorize a variance from or an exception to the provisions of any pertinent ordinance.
(Ord. 36-23. Passed 2-20-23.)