Unless another timeline or process is set forth herein, any person directly affected by a decision of the Building Commissioner or a Notice or Order issued under this code shall have the right to appeal to the Building and Zoning Board of Appeals, provided that a written application for appeal is filed within the lesser of either 10 days from the date the Notice or Order was served, or the date of the expiration of the abatement period set forth in the Notice. For purposes of this Section, the time to appeal starts with the first business day after the date appearing on the Notice, unless otherwise indicated in the Notice.
An application for appeal shall be based on a claim that there is no basis in fact for the Building Commissioner's Notice or that the decision is arbitrary or capricious.
The procedure for such appeal shall be consistent with Chapter 1315 of the North Olmsted Codified Ordinances.
An appeal of any Order or Notice issued under this Chapter stays all proceedings in furtherance of the action appealed from, unless the Building Commissioner certifies to the Building and Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the action shall not be stayed, except by a restraining order issued by a court of competent jurisdiction. A stay pending appeal will not bar criminal prosecution for a violation of any provision of this Code.
(Ord. 2018-98. Passed 11-20-18.)