1307.04 RIGHT OF APPEAL.
(a) The Board of Building and Zoning Appeals shall also be the Board of Building Appeals for purposes of this chapter.
(b) Any owner, mortgagee, or other interested person of any building, structure, or portion thereof, ordered to vacate or to make repairs, or to demolish the building, structure, or portion, may, within ten days from the date of service of the written notice to repair or demolish as provided above, file with the Board of Appeals his or her written objection to the order. The objection shall be filed with the Clerk of the Board of Appeals together with a fee of fifty dollars ($50.00). In the event of an objection being filed, a hearing shall be held at the first available hearing date, upon the question of whether or not the building, structure, or portion thereof is a dangerous, unfit, fire damaged, or deteriorated building or structure. The owner, mortgagee, or other interested party of the building or structure shall be notified in writing of the date, time, and place of the hearing. The notice of hearing shall be so given at least forty-eight hours in advance of the time of the hearing by the Clerk of the Board of Appeals.
(Ord. 2011-023. Passed 6-7-11.)
(c) At any hearing before the Board of Appeals, the Building Official or Fire Chief shall report in person the findings made upon his inspection of the building or structure, and shall present with the Law Director other evidence as may be available in support thereof. The owner, mortgagee, or other interested person shall then be heard, and the Board of Appeals shall receive evidence as may be offered tending to rebut the findings and evidence presented by the Building Official. Thereupon, the Board of Appeals shall determine whether or not the building, structure, or portion thereof is a dangerous, unfit, fire damaged or deteriorated building, and shall notify all interested parties of its decision within seven days of the hearing. If the Board of Appeals finds that the building or structure, or portion to be dangerous, unfit, fire damaged or deteriorated so, it shall so notify the Law Director by the same written finding it issued to the interested parties.
(d) Upon receipt of a decision adverse to any interested party such interested party may commence repairs or demolition of the structure within fourteen days of receipt of such decision or may appeal the decision of the Board of Appeals as provided in Ohio R.C. Chapter 2506.
(Ord. 94-100. Passed 9-6-94.)
(e) If any interested party does not commence proceedings to repair or demolish any structure found by the Board of Appeals to be unfit, dangerous, fire damaged, or deteriorated within thirty (30) days from the date of receipt of the decision of the Board of Appeals, or appeal such decision to the appropriate court, the Director of Law shall cause an abatement action to be brought in the appropriate venue pertaining to the structure. (Ord. 2013-028. Passed 5-21-13.)
(f) The Clerk of the Board of Appeals shall forward a copy of the Board’s findings to all interested parties by certified mail, return receipt requested within seven days of the Board's hearing. (Ord. 94-100. Passed 9-6-94.)