(A) Appeal authorized. Except as otherwise provided in this chapter, any person issued a notice by the city in the course of enforcement of the provisions of this chapter may appeal the decision or interpretation made by the city to the city’s Zoning Board of Appeals. All appeals shall be filed, heard, and decided in accordance with the provisions of this chapter.
(B) Time period for filing an appeal. An appeal must be filed within 21 days of the date of any order or notice being appealed. However, if an order requires the correction of a cited violation within a shorter period of time, the appeal must be made within such shorter period.
(C) Effect of appeal on correction time limits. A responsible person who has been ordered to correct a violation within a specified period of time shall not be held accountable for any time which elapses between the time of filing an appeal and the time a decision is made.
(D) Procedure for filing an appeal. Any person wishing to make an appeal must fill a written appeal form setting forth the order or ruling being appealed. The appellant must file the written form with the city at a clerk’s office. The city will send a notice to the appellant regarding the date the appeal will be heard by the Zoning Board of Appeals (“ZBA”). Notice of the hearing date will be by regular mail sent to the address stated on the written appeal form. Any person requesting a written appeal form shall be notified of the standards for ZBA decisions.
(E) Appeal fee. An appeal fee established by resolution of the City Council shall be submitted with any claim of appeal. The ZBA may also authorize the return of a fee to an appellant if it determines that an error by the city caused an unnecessary appeal to be submitted.
(F) Procedures prior to appellate hearing. Prior to an appeal hearing, the following procedures shall take place:
(1) The city shall forward copies of the claim of appeal and a copy of the notice or order being appealed to members of the ZBA;
(2) The Code Official or other designee of the City Manager may prepare a presentation of the property subject to appeal. This presentation may include, as elements, the exterior view of the dwelling, from all sides, the exterior view of adjoining properties, specific illustration of the issue(s) of the appeal, and interior illustration as needed to make a determination;
(3) The city shall notify the owner of the premises that is the subject of the appeal; and
(4) Failure of the owner or other responsible person to arrange access to any portion of the property where a cited violation is located and which is not clearly visible from a public street or alley shall constitute grounds for denial of an appeal.
(G) Hearings on appeals. All hearings on appeals shall take place at a regular or special meeting of the ZBA. The city shall have a minimum of 15 days after a claim of appeal is filed to issue the required notices. The appeal shall be heard at the first regularly scheduled meeting of the ZBA following the 15-day period for which the hearing is scheduled, provided that a quorum is present. When a quorum is not present, the Chair or other presiding member of the ZBA shall reschedule the meeting, and the appeal shall be heard at the rescheduled meeting. A hearing may be held at a special meeting by a majority vote of the ZBA.
(H) Hearing procedures. At any hearing of the ZBA arising out of this chapter, the following procedures shall be followed:
(1) Testimony of the appellant, the city, and any witnesses shall be heard. A summary or minutes shall be recorded in a manner determined by the city;
(2) The appellant or authorized agent of the appellant, and the Code Official or designee of the City Manager shall be present;
(3) At least three members of the ZBA shall be present at a hearing and shall constitute a quorum; and
(4) Summary minutes shall be prepared to show all motions and actions of the Board.
(I) Decision by the ZBA. After all evidence and testimony has been presented, the ZBA shall affirm, modify or reverse the notice being appealed. Any decision of the ZBA modifying or reversing a notice by the city shall require the concurring vote of three members.
(J) Standards for Appeal Board decisions. A decision by the ZBA shall include the reasons for the decision in the language of the decision. Any decision not complying with this chapter shall be void. Any decision to reverse or modify any order or ruling of the city shall:
(1) Include any necessary special conditions to carry out the intent of the provisions being appealed;
(2) Determine that the decision is necessary to avoid causing undue hardship to the appellant which is not caused to others to whom the same provision is applied;
(3) Determine that the order or ruling was an incorrect interpretation of a standard of this chapter; or
(4) Determine that an alternative proposed solution by an appellant meets the minimum standards for building maintenance as expressed in this chapter.
(K) Appeals prohibited. An emergency order shall not be appealed because of imminent danger calling for immediate action. A ruling, decision, opinion, or action of the City Attorney cannot be appealed to the ZBA.
(L) Conflicts of interest. No member of the ZBA shall speak or vote on any appeal in which the member has any direct personal or financial interest nor shall any member participate in any matter where participation is prohibited by the City Charter or state law.
(M) Summary of rulings. The ZBA shall report a summary of its findings and rulings to the City Council annually on any appeal arising out of this chapter. The report shall include a summary of recurrent appeals or recurrent problems, along with resultant recommendations for modifications to this chapter.
(N) Compliance with Zoning Board of Appeals decisions. It shall be a violation of this chapter for a responsible person to fail to comply with special conditions which are a part of a ZBA decision modifying or reversing an order or ruling of the city.
(Ord. passed 12-13-2018) Penalty, see § 153.99