Any finding, notice, or order initiated by a demolition by neglect review by the building official or by the commission may be appealed to the board of building and fire code appeals. To preserve the appeal, an application shall be filed by an aggrieved party with the building official within ten (10) days following receipt of the order for repair or hardship determination and upon payment of a fee as provided in the fee schedule.
A. For an appeal of an order of the building official, the purpose of the appeal shall be for the board of building and fire code appeals:
1. To receive evidence and testimony concerning the building official's determination that conditions of significant deterioration exist, amounting to demolition by neglect;
2. To review the evidence regarding the facts of those conditions; and
3. To affirm or reverse the building official's order.
B. For an appeal of a finding of no undue hardship, the purpose of the appeal shall be for the board of building and fire code appeals:
1. To receive evidence and testimony concerning the commission's determination that there is no undue economic hardship;
2. To review the evidence regarding a claim of economic hardship; and
3. To affirm or reverse the commission's order.
C. The rules of evidence prevailing in courts of law or equity shall not control in the hearing before the board, rather, the hearing shall be conducted in accordance with the board's duly adopted rules and procedures.
D. If after such notice and hearing, the board determines that the property is undergoing "demolition by neglect" as defined in section 17-1-2 of this title, or affirms a finding by the commission of no economic hardship, the board shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner a final order to repair. The order shall require the owner to make the necessary repairs within thirty (30) days of the final order or in such other period of time as determined by the board.
(Ord. 2013-17, 4-2-2013)