546.09 APPEALS.
(a) Notice of Appeal. Any recipient of a notice or order issued by the Code Official in connection with the enforcement of this code may request a hearing on the matter before the Property Maintenance Appeals Board. The Appellant shall file, in the Code Enforcement Department, Youngstown City Hall - 5th Floor, 26 S. Phelps Street, Youngstown, Ohio 44503, a written request for appeal setting forth the address of the property which was the subject of the notice or order, the name, address, and telephone number of the Appellant, and a brief statement of the grounds for the appeal. Requests shall be filed within fifteen (15) days after the date of the notice, and shall be accompanied by a deposit of $15.00 which shall be nonrefundable, or an affidavit of indigency. Upon receipt of the request, the Property Maintenance Appeals Board will set a hearing within 60 days. Upon setting the hearing, the Appeals Board shall notify the appellant of the date, time and place. Written notice of the hearing shall be sent by ordinary U.S. Mail at least seven (7) days prior to the hearing. At the hearing, the Appellant shall be given an opportunity to be heard and to show cause why the notice or order should be modified or dismissed, or why a variance should be granted. The failure of the Appellant or his/her representative to appear and present his/her position at the hearing shall be grounds for dismissal of the appeal.
(b) Variances. The Property Maintenance Appeals Board shall interpret the intent of this code in specific cases where, on appeal, it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any section of this code. Where undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the dwelling will vary only slightly from the literal provisions of this code, but will comply with the spirit and intent of this code.
(c) Decisions. After a hearing on the request, the Property Maintenance Appeals Board may affirm, disaffirm, modify or dismiss the notice or order, or grant a variance from the notice or order, by a majority vote of the Board members who are present. The Appellant shall be notified within 15 days of the hearing, in writing, of the findings. Decisions shall be sent by regular U.S. mail to the Appellant's address as provided on the appeal form.
(d) Records. The proceedings before the Property Maintenance Appeals Board shall be recorded and its decisions shall be set forth in writing. The recordings and written decisions shall be entered as a matter of public record in the Code Enforcement Department. Any person aggrieved by the decision of the Property Maintenance Appeals Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State of Ohio.
((Ord. 16-119. Passed 4-6-16.)