§ 152.075  HEARINGS.
   (A)   Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals.
   (B)   A written application for appeal must be filed within 15 days after the day the decision, notice or order was served.
   (C)   Such person shall file in the office of the Code Official, a written request for such hearing and shall set forth the name, address and phone number of the appellant and a brief statement of the grounds for such hearing and appeal from any notice or order of the Code Official.
   (D)   PERSON as used herein shall also include any entity that owns, leases, holds, or has any interest in a building, dwelling unit, or premises in Wadsworth, Ohio.
   (E)   An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
   (F)   The application shall be accompanied by a deposit of $25.  The deposit shall not be required when the appellant provides the city with a sworn affidavit of indigence.
   (G)   Upon receipt of such request, the Code Official shall set a time and place for such hearing before the board and shall give the appellant written notice thereof.  The hearing shall be held within 20 days after a request has been filed.
   (H)   Written notice of any meeting of the Board shall be given by the Code Official to the appellant and the occupant or complainant.  Such notice shall be sent by ordinary U.S. mail at least five days prior to the date of the hearing before the Board.  The Law Director of the city shall be notified of any hearing of the Board.
   (I)   All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.  The appellant shall be given an opportunity to show cause why such notice and order should be modified or dismissed.  The failure of the appellant or a designated representative to appear and present the appellant’s position at such hearing shall be grounds for dismissal of such request.
   (J)   The Board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted.  The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
   (K)   When the full Board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
   (L)   The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of members in attendance at the meeting.
   (M)   Upon hearing, the Board may affirm, amend, modify or withdraw any notice and order.  The petitioner and the Service Director shall be notified in writing of such findings.  Any deposit for a hearing shall be refunded should the Board determine that no violation was present at the time of the inspection.
   (N)   The proceedings at any hearings, including the findings and decision of the Board and reasons therefor, shall be summarized in writing and recorded as a matter of public record.  Copies shall be furnished to the appellant and to the Code Official.  Such record shall also include a copy of every notice and order issued in connection with the matter.  Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.
   (O)   The Code Official shall take immediate action in accordance with the decision of the Board.
   (P)   Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.  Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Chief Administrative Officer.
   (Q)   Appeals of notice and orders shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
(Ord. 11-015, passed 5-4-11; Am. Ord. 13-073, passed 10-1-13)