The property owner of a building or other structure that is the subject of Condemnation and/or Demolition Notice may appeal the decision of the Safety Service Director to condemn and/or demolish the building or other structure with the Board of Building Appeals by filing a written petition with the Clerk of Council, requesting a hearing and setting forth the name, address and phone number of the petitioner and a brief statement of the grounds for such hearing. The petition shall be filed within thirty (30) days after the date the Condemnation and/or Demolition Notice and shall be accompanied by a non-refundable fee of Twenty-five Dollars ($25.00) to cover the City's costs of handling the appeal. Upon receipt of the petition, the Clerk of Council shall set a date, not to exceed thirty (30) days, for a hearing before the Board of Building Appeals. Upon setting the hearing, the Clerk of Council shall notify the petitioner of the date, time and place by sending written notice of the hearing by United States regular mail, at least seven (7) days prior to the hearing, to the address for petitioner contained in the petition. At the hearing, the petitioner shall be given the opportunity to be heard and to show cause as to why the Safety Service Director's order should be modified or dismissed or why a variance should be granted. After the hearing, the Board of Building Appeals shall affirm, disaffirm, modify or dismiss the Safety Service Director's order by a majority vote of the members present. Alternatively, if it clearly appears to a majority of the members of the Board of Building Appeals present that, by reason of special conditions, undue hardship would result from the strict application of any provision of this Code and/or any other provision of these Codified Ordinances, the Board of Building Appeals may permit a variance from the mandatory provisions thereof in such a manner that the public safety shall be secured, substantial justice done and the spirit of the provisions of this Code upheld. The petitioner shall be notified within ten (10) days of the hearing, in writing, of the decision of the Board of Building Appeals by sending the decision by United States regular mail to the petitioner's address as provided in the petition. If the petitioner or his/her representative does not appear for the hearing to present his/her position, the appeal shall be dismissed and the provisions of this Code shall be enforced. The proceedings before the Board of Building Appeals shall be recorded and its decisions shall be set forth in writing. Any person aggrieved by the decision of the Board of Building Appeals may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State of Ohio.
(Ord. 19-005. Passed 1-23-19.)