1335.07 APPEALS.

   (a)   Any owner, person in charge or occupant of a building, other structure or premises aggrieved by an order issued pursuant to the provisions of this chapter may, within ten days of the service of the order, appeal such order to the Board of Appeals established by Section 1301.21 by filing a notice of appeal, accompanied by a fee of sixty-five dollars ($65.00), which fee shall be refunded if the Bureau's decision is wholly reversed, with the Bureau of Buildings, Inspections, Licenses and Permits, and comply with subsection (b) of this section. The Bureau shall transmit the file relating to the order to the Board of Appeals, which order shall be defended by the Bureau which conducted the inspection and issued the order. The Bureau shall serve written notice, by personal service or by certified mail, upon the appellant of the time, place and date of the hearing upon appeal. The Board of Appeals shall proceed to hear the appeal at any regular or special meeting of the Board within thirty days after notice of appeal has been filed by the appellant, providing that notice of the date of hearing shall be served upon the appellant not less than five days prior to the time such hearing is commenced. Failure of the appellant to appear at the time and place set for the hearing shall be deemed to be a withdrawal of the appeal and the Board shall affirm the order of the Bureau.

   (b)   In addition to complying with subsection (a) of this section, any appellant appealing an order must submit a detailed list or estimate that shall describe all non-conformities along with all associated costs necessary for addressing said non-conformities and repairing said building or structure before the date of their hearing before the City Planning Commission, to allow review of said documents by the City Bureau of Building and Codes before said hearing.

   (c)   Provided further than the Bureau shall have authority to grant one (1) continuance of the date of hearing, upon application of the appellant, for good cause shown, which continuance shall not exceed twenty days. Such granting of any addition time to perform work required by order of the Bureau shall be conditioned upon the posting of a surety performance bond by the applicant. The purpose of the surety performance bond shall be to ensure that the work is performed in a timely manner and in compliance with the Building Code. The surety performance bond shall be posted within ten (10) calendar days of the granting of additional time. Failure to post the surety performance bond shall result in the appeal being denied and the demolition order being in full effect. The amount of the surety performance bond shall be in cash, money order, or certified check and shall be in the following amounts:

Surety Performance Bond Schedule

Residential: $15,000.00 Bond, or in the alternative a $10,000 bond in the

form of cash, certified check or money order

Commercial: $50,000.00 Bond

Industrial: $50,000.00 Bond

   (d)   If the appealing party fails to perform, the surety performance bond shall be forfeited and applied as necessary to secure or raze the structure. If the repairs are completed to the satisfaction of the Bureau, the surety performance bond or remaining balance thereof shall be returned to the appealing party.

   (e)   In case of an appeal from an order of the Fire Chief, appeal shall be taken to the State Fire Marshal according to law. (Ord. 20-241. Passed 12-15-20.)