919.28   VARIANCES AND APPEALS.
   (a)   Any person may appeal decisions or interpretations of the City Engineer, or his or her designee, issued in connection with the enforcement of any of the provisions of this chapter, or request variances therefrom, provided that such person shall file such appeals or requests for variances in the office of the City Manager, along with the fees established by Council for appeals and variances.
   (b)   The City Manager, as Secretary of the Stormwater Appeals Board, shall set a time and place for a public hearing and shall give the petitioner written notice thereof, with the hearing taking place no later than thirty days from submittal of the petition by the petitioner. At the hearing, the petitioner shall be given an opportunity to be heard and show cause why any decision, interpretation or item appearing on a notice or order should be modified or denied or a condition for a variance granted.
   (c)   After the hearing, the Stormwater Appeals Board may approve the petition, deny the petition or take other such action as may be appropriate.
   (d)   The petitioner may appeal the decision of the Stormwater Appeals Board to the Court of Common Pleas as provided in Ohio R.C. Chapter 2506.
   (e)   Filing fees required by this section shall be in addition to the payment of permit and inspection fees, and any other fee which thereafter may occur, and no portion of such filing fee shall be refunded, whatever the outcome of the appeal, unless such petition shall have been withdrawn prior to setting the date for such hearing.
   (f)   The failure of the petitioner or his or her representative to appear and state his or her case at any hearing shall have the same effect as if no petition had been filed.
(Ord. A-1947. Passed 3-14-94.)