(a) There is hereby established a Board of Appeal which shall be comprised of the (1) Fiscal Officer; (2) Solicitor and (3) the Fire Chief. Upon request, in writing, to the Fiscal Officer, the Board of Appeal shall meet at her call, after notice to the affected party and hear testimony as the Building Inspector or the owner-occupant, mortgagee, lessor, lessee or any other person having an interest, as shown by the land records of the County Recorder, affected by any notice which has been issued by the Building Inspector under any provision of this chapter or any rule or regulation adopted pursuant thereto, may present to the Board of Appeal. The owner-occupant, mortgagee, lessor, lessee or any other person having an interest as shown in land records of the County Recorder who desires to file an appeal shall, within 10 days from the date the notice was served, file in the office of the Fiscal Officer a written petition which shall contain a brief statement of the grounds of appeal thereof. The Fiscal Officer shall immediately set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held before the Board of Appeal not more than 10 days from the date the petition was filed, except that upon application of the petitioner, or upon her own motion, the Fiscal Officer may delay the time of the hearing for not more than 20 days from the day the petition for the hearing was filed if there is good and sufficient reason for the delay. The petitioner shall have the right to appear at the hearing in person or to be represented by attorney or by any other person.
(b) The Board shall make written findings of fact from the testimony offered as to whether or not the building in question is a dangerous building within the terms of this chapter. The Board shall issue an order based upon findings of fact commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in such buildings, as shown by the land records of the County Recorder, to repair, vacate, or demolish any building found to be dangerous within the terms of this chapter. However, any person so notified, except the owners, shall have the privilege of either vacating or repairing such dangerous building, or any person not the owner of such dangerous building, but having an interest in such building as shown by the land records of the County Recorder, may demolish such dangerous building at his own risk to prevent the acquiring of a lien by the Village against the land upon which such dangerous building stands, as provided by subsection following herein. If the owner-occupant, mortgagee, lessor or lessee fails to comply with the order provided for in this chapter within 60 days from the day the first notice was issued by the Building Inspector under any provisions of this chapter or any rule or regulation adopted pursuant hereto, the Board of Appeal shall cause such building or structure to be repaired, vacated or demolished as the fact may warrant, under the facts presented and found.
(Ord. 6-84-362. Passed 7-3-84.)