(a) Notice of Appeal.
(1) Any person in receipt of a notice or order issued by the inspector in connection with the enforcement of this Code may request a hearing on the matter before the Village of Poland Board of Zoning Appeals (hereinafter, "the Board").
(2) The appellant shall file a written request for appeal during regular business hours at Village Hall, 308 South Main Street, Poland, Ohio 44514.The appeal shall set forth the address of the property which was the subject of the notice or order, the name, address, and telephone number of the appellant, and a brief statement of the grounds for the appeal. Requests shall be filed within five days after the date of the notice, and shall be accompanied by a deposit of two hundred fifty dollars ($250.00) which shall be nonrefundable, or an affidavit of indigency. In the event of an affidavit of indigency, the question of indigency shall be addressed by the Board at the hearing and prior to addressing the merits.
(3) The timely filing of an appeal shall stay the enforcement of the notice of violation pending a final determination by the Board.
(4) Upon receipt of the request, the Chair of the Board will set a hearing within thirty days. Upon setting the hearing, the Board shall notify the appellant of the date, time and place. Written notice of the hearing shall be sent by ordinary U.S. mail at least seven days prior to the hearing. At the hearing, the appellant shall be given an opportunity to be heard and to show cause why the notice or order should be modified or dismissed, or why other relief should be granted. The failure of the appellant or his or her representative to appear and present his or her position at the hearing shall be grounds for dismissal of the appeal and enforcement of the notice of violation.
(b) Authority of the Board. The Board shall have the authority to do either of the following:
(1) The Board shall have the authority to grant reasonable extensions of time for compliance with notices and orders issued by the inspector or his or her designee. An application for extensions of time for compliance shall be considered on the basis of public interest and welfare in addition to any possible economic benefit or hardship to applicant, and shall be granted only when it is established that such request will not be detrimental to the occupants or to public health, safety or welfare.
(2) The Board shall have the authority to grant appeals and/or waive any provisions of this Code in specific cases where it clearly appears that an undue hardship would result from a literal translation or application of any section of this Code.
(c) Variances. The Board shall interpret this Code in specific cases consistent with the stated intent of this Code where, on appeal, it clearly appears that undue hardship would result from a literal application of any section of this Code and thus such relief would be warranted. Where undue hardship is clearly demonstrated, the Board may permit other relief from the applicable section if the dwelling will vary only slightly from the literal provisions of this Code, but will comply with the spirit and intent of this Code.
(d) Decisions. After a hearing on the request, the Board may affirm, disaffirm, modify or dismiss the notice or order, or grant other relief from the notice or order, by a majority vote. The appellant shall be notified within fifteen days of the hearing, in writing, of the findings. Decisions shall be sent by regular U.S. mail to the appellant's address as provided on the appeal form.
(e) Records. The proceedings before the Board shall be recorded and its decisions shall be set forth in writing. The recordings and written decisions shall be entered as a matter of public record in the Village. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State of Ohio.
(Ord. 1564-19. Passed 8-20-19.)