(a) Any person, firm, company or corporation has the right to appeal any decision of the Village relating to any provisions of the Building Code. Anyone desiring to appeal a decision of the Residential Building Code may do so by filing a written appeal to the Village of South Amherst Residential Board of Appeals. All Commercial Building Code appeals shall be to the Ohio Board of Building Appeals, in accordance with the Ohio Building Code.
(b) The Residential Board of Appeals shall consist of three members, the Mayor as Chairperson, President of Council and one member of the Board of Zoning Appeals. Said Board shall hear appeals regarding the Residential Building Code.
(c) The Residential Board of Appeals shall hear and decide the adjudication hearing, arising from the orders of the Building Official in the enforcement of the Residential Building Code or other such rules, regulations or ordinances of the Village pertaining to residential buildings, including moving and demolition. The orders may be reversed or modified by the Board if it finds:
(1) The order is contrary to such Code, rules, regulations or ordinances;
(2) The order is contrary to a fair interpretation or application thereof; or
(3) That a variance from the provisions of such Code, rules, regulations or ordinances, in a specific case, will not be contrary to the public interest where literal enforcement of such provisions will result in unnecessary hardships.
(d) (1) Requests for an appeals hearing shall be made in writing to the Clerk/Treasurer within thirty days of the mailing or posting date of an adjudication order. Each request shall be accompanied with a processing fee of seventy-five dollars ($75.00) which is refundable should the Board rule in favor of the aggrieved party. The Residential Board of Appeals shall schedule a hearing within fifteen days and notify the party of the same by certified mail.
(2) For purposes of conducting adjudication hearings, the Board may require attendance of witnesses, production of records or documents, and may take depositions of witnesses. Testimony shall be under oath, with a stenographic or mechanical record kept, along with other such evidence as submitted.
(3) The Board shall render its decision within ten days after the conclusion of the hearing.
(4) Following the hearing, the Board shall serve by certified mail, return receipt requested, upon the party affected thereby, a certified copy of the order and a statement of the time and method by which an appeal may be perfected. A copy shall also be mailed to the attorney, or other representative of record representing the party.
(5) All rulings of the Board, on behalf of the Village, are final. However, an appeal of the Board’s ruling may be made to the Court of Common Pleas in accordance with applicable law, rule or regulation.
(Ord. 1600-18. Passed 11-12-18.)