(A) Board of Zoning Appeals. In order to execute the purpose of this code, the Board of Zoning Appeals, hereafter referred to as the Board, shall have the following duties:
(1) To decide appeals where it is alleged that there is an error in any interpretation, judgment, determination, or decision made by the Chief Code Enforcement Officer, or his or her designee in the administration or enforcement of this Property Maintenance Code. Filing of an appeal shall stay further enforcement action pursuant to the order or notice being appealed until the appeal is heard by the Board and a written decision issued.
(B) Hearings. Any person affected by a notice of violation, order, revocation or denial of a permit which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the Board, provided that such person shall file in the office of the Chief Code Enforcement Officer a written petition requesting such hearing and set forth the name, address and phone number of the petitioner and a brief statement of the ground for such a hearing or for the mitigation of any item appearing on any notice, order, revocation or denial of a permit of the Chief Code Enforcement Officer. Such petition shall be filed within ten working days after receipt of the notice, order, revocation or denial of permit. Upon receipt of such a petition, the Board shall set a time and place for hearing and shall give the petitioner written notice thereof. The hearing shall be commenced within a reasonable time after a petition has been filed. In case of an appeal being requested for an emergency order of the Chief Code Officer, the Board shall schedule a hearing within ten working days of the filing of a petition for such hearing. At such hearing the petitioner shall be given an opportunity to be heard and to show cause, why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his case at such hearing shall have the same effect as if no petition were filed.
(1) Findings. After a hearing, the Board shall sustain, modify or withdraw any items appearing on the notice and order by majority vote, depending upon its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the Chief Code Enforcement Officer shall be notified in writing of such findings.
(2) Record. The proceedings at such hearings, including the findings and decisions of the Board and reasons therefore, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Chief Code Enforcement Officer. Such record shall also include a copy of every notice and order issued in connection with the matter.
(3) Appeal of decision. Appeals from the Board shall be to the Montgomery County Court of Common Pleas, as provided by the state statutes.
(Ord. 3673, passed 8-11-20)