Appeals may be taken to the board of trustees of the village by the following persons, at the following times, in the following manner, and with the following effects (provided, that appeal of the designation of a vacant building shall not be subject to this section, but shall be determined in accordance with section 4-7-6 of this chapter):
A. Scope Of Appeal: Subject to the provisions of this section, an appeal may be taken from any written finding or decision issued by the village or notice of violation issued pursuant thereto, which finds a violation of any provision of this chapter; designates any building as a dangerous or unsafe building or a public nuisance; orders the vacation, repair or demolition of any building; or refuses to authorize the resumption of human occupancy in any building.
B. Persons Entitled To Appeal: Any person aggrieved by a decision within the scope of this section may appeal from such decision.
C. Time Of Appeal: An appeal shall be commenced within thirty five (35) days of the date of the receipt of notice of the decision appealed from. Appeals not commenced within such time shall be deemed waived.
D. Commencement Of Appeal: An appeal under this section shall be commenced by filing with the village clerk a notice of appeal, specifying the grounds thereof. The village clerk shall forthwith transmit to the board of trustees all of the papers constituting the records upon which the decision from which appeal has been taken was made. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form and contain such information as the board of trustees may provide from time to time by general rule.
E. Stay Pending Appeal: An appeal shall stay any court proceedings in furtherance of the decision appealed from and all duties imposed thereby, unless the director certifies to the board of trustees, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate hazards to human life, health or safety, in which case the proceedings shall not be stayed otherwise than by order of the court of record upon due cause shown. Any stay in effect pursuant to this subsection shall continue until a decision on the appeal is rendered pursuant to subsection F of this section.
F. Action On Appeal: The board of trustees shall select a reasonable time and place for a public hearing on the appeal, shall give due notice thereof to the parties having a known interest therein and shall render a written decision without unreasonable delay. Upon the concurring vote of a majority of its members then holding office, the board of trustees may reverse or affirm, in whole or in part, or may modify, the decision from which the appeal was taken, and to that end the board shall have all the powers of the director with respect to such decision. (Ord. 10-12-25, 12-7-2010)