(a) Any owner, agent or person having charge who is served a notice of violation of a provision of this Chapter 1311 inclusive, may, within ten (10) days of receipt of such notice, appeal the findings of the Zoning Inspector, or his duly designated representative to the Board of Zoning Appeals. Such appeal shall be made by filing with the Board of Zoning Appeals, a Notice of Appeal on forms provided for such purpose by the Zoning Inspector. Said appeal shall be based upon a claim that the true intent of the International Building Code, the International Fuel Gas Code, the International Mechanical Code, the ICC Electrical Code and/or any other applicable statute, law, code, ordinance, resolution, rule and regulation, including those that have been promulgated by the Village under this Part Thirteen - the Building Code, Part Eleven - the Planning and Zoning Code and Part Fifteen - the Fire Prevention Code have been incorrectly interpreted, do not fully apply, or the requirements of this Chapter have been adequately satisfied by other means. The fee for filing said appeal shall be set by Council.
(b) Said appeal shall be scheduled for a hearing before the Board of Zoning Appeals not later than fifteen (15) days after receipt of the aforesaid notice by the Zoning Inspector, and he shall notify the appellant in writing of the time and place of the hearing at least seven (7) days in advance of said hearing, at the address that appears on the form. The appellant may waive the right to such written notice.
(c) The appellant shall have the right to appear in person, and with legal counsel. The hearing before the Board of Zoning Appeals shall be conducted pursuant to these Codified Ordinances and general law. A record of the hearing and decision of the Board of Zoning Appeals shall be made according with other applicable provisions of these Codified Ordinances and the Zoning Code of the Village.
(Ord. 2009-07. Passed 9-10-09.)