(a) Application for appeal. Any person directly affected by a decision of the Chief Building Official or a notice or order issued under this Code, subject to appeal under this chapter, shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was serviced. An application for appeal shall be based on a claim that; 1) the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, 2) the provisions of this Code do not fully apply, or 3) the requirements of this Code are adequately satisfied by other means. The application shall state the basis for appeal. Appeals related to the Residential Code of Ohio, the Ohio Building Code, the National Electric Code, or the Ohio Plumbing Code may be pursued in accordance with Ohio R.C. Chapter 3781.
(b) Notice of meeting. The Board shall meet within ten business days of the filing of an appeal.
(c) Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the Code official and any person whose interests are affected shall be given an opportunity to be heard.
(d) Procedure.
(1) The Board shall appoint a panel of three persons to hear the appeal (hereinafter the "hearing panel"). Two of those persons shall be members of the Board. The third person shall be appointed by the Board, on a case by case basis, to hear the appeal. The person shall be either an elector of the City or an individual with specific training or expertise pertinent to the case, in the sole discretion of the Board.
(2) The hearing shall be conducted in accordance with reasonable procedures established by the "hearing panel". All parties will be given an opportunity to be heard in accordance with due process of the law. The "hearing panel" shall determine what evidence is relevant and probative, but the strict rules of evidence shall not apply. The hearing shall be recorded, either electronically or stenographically in the discretion of the "hearing panel". All exhibits will be marked and maintained as part of the record of the hearing.
(3) The "hearing panel" shall issue a decision in writing within 20 days of completion of the hearing. The "hearing panel" may affirm, reverse or modify the decision of the administrative officer or agency.
(4) If either the appellant or the City is dissatisfied with the decision of the "hearing panel", they may request review of the decision by the Board, in writing, within ten days of receipt of the decision. If no review of the decision of the "hearing panel" is sought, that decision will become the final decision of the Board without further action.
(e) Board review. The Board shall review any decision of a "hearing panel" which is timely appealed. The review shall be based solely on review of the record of the appeal before the "hearing panel", unless a majority of the Board agrees that additional information is needed. Any additional evidence shall be received in a manner consistent with the procedures set forth in division (d) above. The Board may affirm, reverse or modify the decision of the "hearing panel". The board shall modify or reverse the decision only by a concurring vote of a majority of the total number of appointed board members. The Board's decision shall be issued within thirty days of the appeal from the "hearing panel".
The decision of the board shall be in writing and recorded. Copies shall be furnished to the appellant and to the Chief Building Official.
(Ord. 2001-119, passed 11-6-2001; Am. Ord. O2011-30, passed 7-19-2011)