(a) Any person or entity entitled to receive notice under Section 1359.04(b) herein, shall have the right to appeal from the determination of the Building Official to repair or remove the subject building and to appear before the Board of Zoning and Building Appeals, at a time and place to be determined by the Board, but no later than three (3) working days before the scheduled repair or removal. The repair or removal shall be stayed, if necessary, until the hearing can be held and the appeal decided.
(b) Such notice of appeal shall be filed with the Clerk of Council in writing within five (5) days after receipt of the notice specified above if such notice provides for an emergency repair or removal (15 days prior notice), or within ten (10) days after receipt if the notice provides for other than emergency repair or removal (30 day prior notice).
(c) On appeal, the Board shall consider the matter de novo and shall either affirm the decision of the Building Official or enter the decision the Building Official should have made. The affirmative vote of three members of the Board shall be necessary for the decision; failure to receive three affirmative votes will constitute denial of the appeal and maintenance of the previous decision. The decision shall be rendered forthwith and shall be final.
(Ord. 22-2004. Passed 4-5-04.)