(A) Any determination or decision made by the Department, Board of Electrical Examiners, Building Commissioner, Plumbing Inspector and/or Electrical Inspector, or their respective designee, is subject to review as provided for in this section and applicable state law.
(B) Except as required by state law, no person, firm, or corporation shall be entitled to review of an administrative decision under this subchapter unless a written request for review is received by the Department within ten days following the date of the decision, or posting or notice thereof if posting or notice is required by this subchapter. The request must describe the decision to be reviewed and the relief requested.
(C) Upon receipt of any request for review, the Department shall issue a notice of review to all interested parties containing the name(s) of the person(s) aggrieved by the administrative decision; a description of the decision to be reviewed; and a statement of the time and place of a hearing before the Town Council, not earlier than five days from the issuance of the notice, wherein aggrieved persons are entitled to appear with or without legal counsel, present evidence, cross-examine opposing witnesses and present arguments in opposition to the administrative decision.
(D) At any hearing before the Town Council to review any administrative decision, the hearing authority shall make findings of fact and affirm, rescind or modify the administrative decision. If, at a hearing to review an administrative decision, a person, firm or corporation aggrieved by the decision requests an additional period of time to accomplish any action required by the decision, and shows good cause for the request to be granted, the hearing authority may grant the request.
(E) (1) Any final action taken by the Town Council, except as provided in division (F) below, is subject to review by the County Circuit or Superior Court on request of any person who has a substantial property interest relating to the property affected by the administrative decision, or any person otherwise directly affected by the decision. A person requesting judicial review must file a verified complaint with the appropriate court within ten days after the date final action was taken by the hearing authority.
(2) A judicial review is an action de novo and the court may affirm, modify or reverse the action taken by the hearing authority.
(F) Review of an order of the Building Commissioner pursuant to I.C. 36-7-9 shall be made first to the Town Council and then to the state’s Fire Prevention and Building Safety Commission in accordance with I.C. 22-13-2-7 and I.C. 4-21.5-3-7.
(Ord. 2017-6, passed 9-5-2017)