(A) An appeal, pursuant to division § 152.102, shall stay all proceedings in furtherance of the action appealed from unless the Building Commissioner or Health Commissioner shall certify to the Board of Appeals, subsequent to the filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise that by the order of any court of competent jurisdiction.
(B) It shall be the duty of the Building Commissioner and the Health Commissioner to furnish the Board of Appeals, upon request, with copies of reports of any or all inspections made by officers in the matter on appeal and to furnish other information as may be available to them and request by the Appeal Board.
(C) The Board of Appeals shall fix a time and place for the hearing of appeals. The hearing shall be within a reasonable time after the filing of the notice of appeal. Notice of the time and place of hearing shall be sent by mail to the appellant or to his or her attorney of record and the hearing shall not be less than ten days after the mailing of the notice.
(D) In exercising the powers enumerated in this code, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make the order, requirement, decision or determination as ought to be made. The Board of Appeals shall act by majority vote and a quorum shall consist of at least five members. The action of the Board shall not become effective until after the resolution of the Board setting forth the reason for its decision and the vote of each member participation therein has been included in the minutes. The resolutions, immediately following the Board's final decision, shall be filed in the office of the Board and shall be open for public inspection.
(Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)