(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this code.
(b) Applicability.
(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this code including administrative decisions by the Development Code Administrator, Historic Commission, City Engineer, or other staff member authorized to make decisions under this code, except that any appeal from the civil penalty process in § 1228.07(b) shall be made in accordance with that section and Chapter 214 of the Middletown Codified Ordinances.
(2) An appeal may not be made to the BZA when the Planning Commission is making a recommendation to City Council as part of a legislative action such as a code text or map amendment.
(c) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this code.
(d) Appeals review procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of appeal. Within 20 days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information in accordance with § 1226.02.
(2) Step 2 - Forwarding of the record to the BZA. Upon receiving the written appeal of an administrative decision or determination, the Development Code Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the BZA. This material shall constitute the record of the appeal.
(3) Step 3 - BZA review and decision.
A. The BZA shall hold a hearing within a reasonable amount of time of the filing of the appeal.
B. Notification of the hearing shall be provided in accordance with § 1226.02(i).
C. Any person whose legal interests are affected by the appeal may appear at the hearing and testify in person or through an authorized agent, and be represented by an attorney.
D. In making its decision, the BZA may uphold, overturn, or modify the decision being appealed. The Development Code Administrator shall notify the appellant in writing of the decision of the Board.
(e) Review criteria. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the City in furtherance of the action appealed, unless the Development Code Administrator certifies to the BZA that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the BZA or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of BZA decisions. Any person or entity claiming to be injured or aggrieved by any final action of the BZA shall have the right to appeal the decision to the applicable court of common pleas as provided in R.C. Chapters 2505 and 2506.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-48, passed 9-3-2019)