2012-039 Ordinance - Laserfiche WebLink

Home Browse Search

Unless another timeline or process is set forth herein, any person directly affected by a decision of the Building Commissioner or a Notice or Order issued under this code shall have the right to appeal to the Board of Building Code Appeals, provided that a written application for appeal is filed within the lesser of either 10 days from the date the Notice or Order was served, or the date of the expiration of the abatement period set forth in the Notice. 1363.111.2 Standard for Review An application for appeal shall be based on a claim that there is no basis in fact for the Building Commissioner's Notice or that the decision is arbitrary or capricious. 1363.111.3 Administrative Procedures for Appeals The procedure for such appeal shall be consistent with Chapter 1315 of the North Olmsted Codified Ordinances. 1363.111.4 Stay Pending Appeal A Notice of Unsafe Structure or Premises, Notice of Unsafe Structure Posing Imminent Danger or other Order (collectively "Notice") issued under this Chapter shall be stayed pending appeal if a stay is requested, in writing, at the time that the appeal is filed. Additionally, if an appeal is taken from a Notice of Unsafe Structure Posing Imminent Danger issued under 1363.108.4, then the Appellant shall as a condition of stay, additionally, post a cash bond with the City of North Olmsted Director of Finance, in an amount not less than 50% of the tax value as determined by the Cuyahoga County Fiscal Officer. Said bond is posted for the purpose of ensuring that the Imminent Danger can be reasonably abated. Notwithstanding the foregoing, a stay pending appeal will not bar criminal prosecution for a violation of any provision of this Code. 1363.200 DEFINITIONS 1363.201 GENERAL 1363.201.1 Scope Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 1363.201.2 Interchangeability Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 1363.201.3 Terms defined in other codes