(A) General procedures. Any person directly affected by a decision of the Building Inspector or a notice or order issued under this code shall have the right to appeal to the City Council, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. 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. Building Inspector shall set the matter for hearing before the Council. Notice of the date, hour and place of the hearing shall be posted and published in the newspaper at least ten days prior to the meeting and shall order all interested parties who desire to be heard to appear and show cause, if any they have, why the building or structure, or portion thereof, involved in the proceedings should not be repaired, vacated and repaired, or demolished.
(B) Open hearing. Hearings shall be open to the public. The appellant, the appellant's representative, the Building Inspector and any person whose interests are affected shall be given an opportunity to be heard.
(C) Council decision. The Council shall modify or reverse the decision of the Building Inspector only by a concurring vote of a majority of the Council. If, from a full and fair consideration of the evidence and testimony received at the hearing, the City Council shall determine that the building or structure, or any portion thereof, is unsafe and a public nuisance, then it shall deny the appeal and issue an order, certified by the City Clerk:
(1) That the building or structure must be repaired, vacated and repaired, or demolished;
(2) Particulars which render the building or structure unsafe and a public nuisance and the things required to be done;
(3) Specify the time within which the work required must be commenced, which shall not be less than ten days after the issuance of the order;
(4) Specify a reasonable time within which the work shall be completed.
(D) Records and copies. The decision of the Council shall be recorded. Copies shall be furnished to the appellant and to the Building Inspector. The Building Inspector shall cause copies of the order rendered to be posted on the building or structure involved and served in the manner upon the persons specified in § 150.065.
(E) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Council.
(Ord. 979, passed 5-13-08)