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1363.200 _ BUILDING CODE 112 1363.108.7 Cost If the City incurs costs relating to declaring a structure to be Unsafe Structure or abating the conditions making the structure unsafe through repair or demolition, the City shall provide notice to the owner of record, occupant, mortgagee, agent, all holders of legal and equitable liens of record upon such structure and property as well as all other persons having an interest in such structure of the costs incurred and that the City will seek to certify those costs to the County Auditor. The Director of Law may take any other action necessary to collect the costs of abatement. 1363.111 MEANS OF APPEAL 1363.111.1 Application for appeal 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 Building and Zoning Board of 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. For purposes of this 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 fifty percent (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. (Ord. 2012-39. Passed 5-15-12; Ord. 2016-37. Passed 5-3-16.)