(a) Any owner, manger, lessee, or occupant of a building who has received an order from the Building Official to repair or demolish a structure under this chapter, may appeal that order within ten (10) days of receipt of notice of such order to the Board of Zoning Appeals by filing a written notice of appeal stating the reasons for the appeal and including an appeal fee of $350.00. In lieu of including the $350.00 appeal fee, appellees claiming that the payment of the appeal fee would constitute a hardship may include a written request for all or part of the appeal fee to be waived. Such request shall include a written explanation supporting that hardship status request. In the event a request to waive the appeal fee is made, the Board shall schedule a hearing on the issue of the appeal fee as soon as practicable. If the appeal fee is waived in its entirety by the Board, the Board shall schedule the appeal of the Building Official’s order pursuant to this chapter for a hearing before the Board pursuant to subsection ( b) of this section. In the event the Board determines the appeal fee should not be waived or decides a reduced fee amount should be paid, the appellee shall have ten days from the date of notification of the Board’s appeal fee determination to pay the fee or reduced fee, whichever is applicable. Once the appeal fee is paid, the appeal of the Building Official’s order shall be scheduled for a hearing before the Board pursuant to subsection (b) of this section.
(b) Upon receipt of an appeal commenced under Section 1311.11(a), the Board of Zoning Appeals shall cause a meeting for the hearing of the appeal to be scheduled.
(c) On any appeal filed under Section 1311.11(a), the Board of Zoning Appeals may modify, reverse, or affirm the decision of the Building Official. All appeals shall be considered do novo.
(d) All appeals initiated under Section 1311.11(a) shall be filed in writing with the Village Administrative Clerk, who shall promptly forward the appeal to the Board of Zoning Appeals. Upon the submission of an appeal under this section, all orders of the Building Official shall be stayed, unless the Building Official certifies in writing that the order is in response to an emergency situation necessary for the immediate preservation of the health, safety and welfare of the community.
(Ord. 7-2016. Passed 8-8-16.)