(A) Form of appeal. Any person entitled to service under § 97.07(C) may appeal from any notice, order, or action of the building official under this chapter by filing at the office of the City Council a written appeal containing:
(1) A heading in the words: “Before the City Council of the City of Union.”
(2) A caption reading: “Appeal of ____________________,” giving the names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
(5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
(6) The signatures of all parties named as appellants and their official mailing addresses.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(8) The appeal shall be filed within thirty days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with § 97.07(G), such appeal shall be filed within ten days from the date of the service of the notice and order of the building official.
(B) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the City Council.
(C) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the City Council shall fix a date, time and place for the hearing of the appeal by the City Council. Such date shall not be less than ten days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the City Council either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal, by ordinary first-class mail.
(D) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing before the City Council, and shall also constitute a waiver of the right to a judicial appeal.
(E) Scope of hearing on appeal. Only those matters or issues specifically raised by the appellant in the written notice of appeal, filed pursuant to this section shall be considered in the hearing of the appeal.
(F) Staying of order under appeal. Except for vacation orders made pursuant to § 97.07, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)