(a) Application for Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within twenty days after the day the decision, notice or order was served. Any application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
(b) Membership of Board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the mayor, and shall serve staggered and overlapping terms.
(1) Alternate members. The mayor shall appoint two (2) or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
(2) Chairperson. The board shall annually select one of its members to serve as chairperson.
(3) Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
(4) Secretary. The Village Administrator shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Administrator.
(5) Compensation of members. Compensation of members, if any, shall be determined by Council.
(c) Notice of Meeting. The board shall meet upon notice from the chairperson, within 20 days of the filing of an appeal, or at stated periodic meetings.
(d) Open Hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and nay person whose interest are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board membership.
(1) Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(e) Postponed Hearing. When the full board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(f) Board Decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.
(1) Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
(2) Administration. The code official shall take immediate action in accordance with the decision of the board.
(g) Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for review. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Clerk. See Ohio R.C. Chapter 2506.
(h) Stays of Enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.
(Ord. 2003-100. Passed 4-14-03.)
(Ord. 2003-100. Passed 4-14-03.)