(A) Form of appeal.
(1) Any person entitled to service under § 151.064(C) may appeal from any notice and order or any action of the Building Official under this code by filing at the office of Planning and Zoning a written appeal containing:
(a) A heading in the words: “Before the Board of Appeals of the _______ of _______”;
(b) A caption reading: “Appeal of _______,” giving the names of all appellants participating in the appeal;
(c) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
(d) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
(e) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. If the desired relief sought has any plans of repairs, the plan to repair must include a timeline. The timeline shall provide how repair work will commence within 30 days of the order. The 30 day timeline may be extended if good cause to extend is found by the City Code Enforcement Officer. The repair plans must also include a detailed list of repairs and the contractors that will accomplish the repairs. Once repair work commences, it must continue in a timely manner to correct all deficiencies without undue delay;
(f) The signatures of all parties named as appellants and their official mailing addresses; and
(g) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(2) The appeal shall be filed within 30 days from the date of the service of such order or action of the Building Official; provided, however, that if the building or structure is in such condition as to made it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with § 151.067, such appeal shall be filed within ten days from the date of the service of the notice and order of the City Code Enforcement Officer.
(B) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the Board of Appeals.
(C) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than ten days nor more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the Secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
(Prior Code, § 14.04.15) (Ord. 438, passed - -; Ord. 600, passed - -; Ord. 731, passed - -; Ord. 912, passed 11-19-2018)