(a) Any person, any Municipal officer or official, or any public body aggrieved by an action of the Director of Public Service and Safety or his or her designee, may take an appeal to the Board of Building Code Appeals. The Director of Public Service and Safety or his or her designee, any Municipal officer or official, any public body, or any member of the Board of Building Code Appeals, may request a hearing by the Board on any subject over which such Board has jurisdiction or power, as set forth in the Building and Housing Code, or may request the Board to review or interpret any provision of the Building and Housing Code.
(b) An appeal shall be made within ten days from the date of the decision appealed by filing with the Director of Public Service and Safety or his or her designee and with the Board a notice of appeal, specifying the grounds therefore, and by paying a fee of fifty dollars ($50.00) with the Director of Public Service and Safety or his or her designee. The Director of Public Service and Safety or his or her designee shall forthwith transmit to the Board all the papers pertaining to the decision from which the appeal was made. Any expense of the Board in evaluating the merits of an appeal shall be borne by the appellant.
(c) The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof, and at least ten days notice to the parties of interest, and decide upon the appeal within a reasonable time after it is submitted. At the hearing, any party may appear in person, or by his or her agent or attorney.
(d) The Board shall, in every case, reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and shall indicate the vote upon a decision. Every decision shall be promptly filed with the office of the Director of Public Service and Safety or his or her designee and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant or other interested party, and a copy shall be kept publicly posted in the office of the Director of Public Service and Safety or his or her designee for two weeks after filing.
(e) The Board, after a public hearing, may vary the application of any provision of the Building and Housing Code to any particular case when, in its opinion, enforcement thereof would be manifest injustice and/or would be contrary to the spirit and purpose of the Building and Housing Code or the public interest, or when, in its opinion, the interpretation of the Director of Public Service and Safety or his or her designee should be modified or reversed. A decision of the Board to vary the application of any provision of the Building and Housing Code or to modify an order of the Director of Public Service and Safety or his or her designee shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefore.
(f) If a decision of the Board reverses or modifies a refusal, order or disallowance of the Director of Public Service and Safety or his or her designee, or varies the application of any provision of the Building and Housing Code, the Director or his or her designee shall take action immediately in accordance with such decision.
(g) Any person aggrieved by a decision of the Board, whether or not such person is a previous party to the decision, or any Municipal officer or official board of the City of Wapakoneta, may apply to the appropriate court in accordance with law.
(h) A non-refundable fee of two hundred dollars ($200.00) shall be submitted with an application for a variance and to appear before the Board of Building Code Appeals.
(Ord. 92-62. Passed 9-16-92; Ord. 2005-50. Passed 1-5-06; Ord. 2007-37. Passed 9-17-07.)