When an application for appeal has been filed in proper form with the Board of Building and Zoning Appeals and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Board of Building and Zoning Appeals. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person, by agent, or by attorney.
The Board shall have and is hereby granted the power to subpoena and require the attendance and testimony of witnesses and the production of books, papers, public records and other documentary evidence pertinent to its hearings on appeal, or otherwise, as is authorized in this Planning and Zoning Code and to examine or permit examination, including cross-examination, of any such witness in relation to any such appeal or to any matter which it has authority to hear and determine. Fees shall be allowed to witnesses and shall be paid by the Finance Director on warrants issued by the clerk for attendance and traveling, as is provided in Ohio R.C. 2335.06 for witnesses in courts of record. Such fees and travel allowance shall be taxed as costs of the appeal. The Board may require a deposit not exceeding five dollars ($5.00) for any witness at the time of the filing of precipes of such witness but no deposit shall be required in the case of a witness subpoenaed on behalf of the administrative officer or the City. In case any person in disobedience to any subpoena issued by the Board, its Chairman or Clerk, shall fail or refuse to attend and testify to any matter regarding which he may be lawfully interrogated or produce any documentary evidence pertinent to any hearing, such person shall be guilty of a misdemeanor and fined not more than one hundred dollars ($100.00).
(Ord. 2006-35. Passed 5-25-06.)