(a) Appeals to the Board shall be effected in writing upon a form prepared and provided by the City Manager, and available at the offices of said official during regular business hours within a period of fourteen days after the action or omission in relation to which the appeal is pursued.
(b) A public hearing shall be held on any such appeal within a period of thirty days after its receipt by the City, upon notice to all interested parties who shall be afforded the privilege and opportunity of appearing, personally or through a representative, of offering testimony and evidence in relation to the matter, and of cross-examining adverse witnesses as part of said proceedings. All testimony offered as part of said proceedings shall be given under oath. At the discretion of the Board, and where appropriate under the circumstances, the Board may receive and accept as evidence the sworn statements of persons not present at such a hearing. The Law Director, or his or her designated assistant shall attend each such hearing, and shall advise the Board as to legal matters related to the same. At the request of the appellant, the Board shall cause any such hearing to be recorded by audio recording means. Either the City or the appellant, at the expense of the same, may arrange for the stenographic or video recording of any such hearing.
(c) Decisions of the Board based upon the concurring vote of no fewer than two of its members shall be rendered within a period of fourteen days after any such hearing. If the decision of the Board is not pronounced at the conclusion of a hearing and in the context of the same, the decision shall be rendered in written form, and shall be delivered to the appellant at his or her place of business or place of residence as reflected in the record of said proceedings within said time period, by premises delivery, or by certified or registered United States mail.
(d) Any person aggrieved by a decision of the Board may appeal the same to the Common Pleas Court of Erie County, Ohio, by filing written notice of such appeal with the Clerk of said Court, and by serving a copy of the same upon the Board no later than fourteen days after the entry of the decision of the Board and notice of the same to the appellant. In any such appeal, the Board, and not its individual members shall appear as appellee in the matter, and shall be represented therein by the Law Director, or his or her designated assistant.
(e) The Board may adopt, and from time to time amend such other procedural rules and regulations for and in relation to the conduct of its business, and the discharge of its duties and responsibilities as it deems appropriate, and which do not conflict with the provisions of this chapter and other applicable provisions of law. Decisions of the Board shall be based upon and in compliance with these Codified Ordinances and shall not conflict therewith.
(Ord. 95-181. Passed 10-23-95.)