(A) Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner.
(B) Such a person may file a petition using either, or both, of the following procedures.
(1) Appeal to the Fire Prevention and Building Safety Commission.
(a) A person aggrieved by an order issued under this chapter may submit a petition for review to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.
(b) The Commission may modify or reverse any order that covers a subject governed by I.C. 22-12 through 22-15, a fire safety rule or a building rule.
(c) The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
(d) The Fire Prevention and Building Safety Commission may review all other orders issued under this chapter that cover a subject governed by I.C. 22-12 through 22-15, a fire safety rule or a building rule.
(e) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(2) Appeal to an established local administration body or court. Pursuant to I.C. 36-7-8-9, a person aggrieved by a decision of the Building Department may appeal as in other civil actions. The appellant must, by registered mail, give the County Executive a 15-days’ written notice of his or her intention to appeal. This notice must concisely state the appellant’s grievance. If, pursuant to I.C. 36-1-6-9, the county has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with said ordinance. If no such administrative body exists, then the person may petition a court for judicial review of the order.
(Ord. 2003-03, passed 3-3-2003)