(A) Any person entitled to service of a notice and order under this subchapter may appeal from any action, decision, or order of the Building Official under this subchapter by filing at the office of the Building Official, or his or her authorized representative, a written appeal to the Building Code Committee containing:
(1) A brief statement setting forth the legal interest of the appellant in the building or the land involved in the notice and order;
(2) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
(3) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
(4) The signature of all parties named as appellants and their official mailing addresses; and
(5) The verification of the appellant as to the truth of the matters stated in the appeal.
(B) The appeal shall be filed within ten days from the date of service of such order or action of the Building Official.
(C) Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the Building Code Committee.
(D) (1) As soon as practicable after receiving the written appeal, the Building Code Committee shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than ten days nor more than 30 days from the date the appeal was filed with the Building Official, or his or her authorized representatives.
(2) Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the secretary of the Building Code Committee either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, addressed to the appellant at the appellant’s address shown on the appeal.
(E) Failure of any person to file an appeal in accordance with this section shall constitute a waiver of such person’s right to an administrative hearing and adjudication of the notice and order or any portion thereof.
(F) Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(G) Except for vacation orders, enforcement of any notice and order of the Building Official issued under this subchapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Prior Code, § 6-13-15)