(a) There is hereby established a Board of Appeal which shall be comprised of the (1) Village Clerk; (2) Fire Chief or his representative; (3) Chairman of the Planning Commission and two disinterested residents to be appointed by the Mayor subject to the approval of Council.
(b) (1) Upon request, in writing, to the Village Clerk, the Board of Appeal shall meet at his call, after notice to the affected party, and hear such testimony as the Building Inspector or the owner-occupant, mortgagee, lessor, lessee or any other person having an interest, as shown by the land records of the County Recorder of Deeds, affected by any notice which has been issued by the Building Inspector under any provisions of this chapter or any rule or regulation adopted pursuant thereto, may present to the Board.
(2) The owner-occupant, mortgagee, lessor, lessee or any other person having an interest as shown by the land records of the County Recorder of Deeds who desires to file an appeal shall, within ten days from the date the notice was served, file in the office of the Village Clerk a written petition which shall contain a brief statement of the grounds of appeal thereof.
(3) The Village Clerk shall immediately set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held before the Board of Appeal not more than ten days from the date the petition was filed, except that upon application of the petitioner, or upon his own motion, the Village Clerk may delay the time of the hearing for not more than twenty days from the day the petition for the hearing was filed if there is good and sufficient reason for delay. The petitioner shall have the right to appear at the hearing in person or to be represented by attorney or by any other person.
(c) The Board shall make written findings of fact from the testimony offered as to whether or not the building in question is a dangerous building within the terms of Section 1305.01.
(d) The Board shall issue an order based upon findings of fact made pursuant to subsection (c) hereof commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in such buildings, as shown by the land records of the County Recorder of Deeds, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter. However, any person so notified, except the owners, shall have the privilege of either vacating or repairing such dangerous building, or any person not the owner of such dangerous building, but having an interest in such building as shown by the land records of the County Recorder of Deeds, may demolish such dangerous building at his own risk to prevent the acquiring of a lien by the Village against the land upon which such dangerous building stands, as provided by subsection (e) hereof.
(e) If the owner-occupant, mortgagee, lessor or lessee fails to comply with the order provided for in subsection (d) hereof, within sixty days from the day the first notice was issued by the Building Inspector under any provisions of this chapter or any rule or regulation adopted pursuant hereto, the Board of Appeal shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards provided for in Section 1305.01 and shall, with the assistance of the Village Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax duplicate as an assessment or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit of law against the owner. In cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of the Village, the Building Inspector shall notify the Village Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.