§ 4. Appeal Hearings  


Latest version.
  • A. Hearings. The Board shall conduct a regularly scheduled hearing on the first Thursday of each calendar month (unless a Thursday is a recognized holiday by the City, then the hearing will be held on the following Thursday) at 1:30 p.m. in the Hearing Room at the City of Cincinnati Permit Center, 3300 Central Parkway, Cincinnati, Ohio 45225. The public will be notified in advance of the date, time, and location of a hearing in the City Bulletin. If no appeals or other official matters are scheduled for a particular month, then the Board will not be required to conduct a hearing. The Board may adjourn to deliberate; provided, however, the final vote on the outcome of an appeal shall be taken in open session, recorded by the Secretary, and available for public inspection at the Department of City Planning and Buildings. The Board may conduct a special hearing at a time and place other than the regularly scheduled hearing upon the vote of a majority of the Board members and upon advance notice to the public in the City Bulletin.

    B. Quorum. A quorum for any hearing or any undertaking of official business of the Board shall consist of a majority of the Board members. In the event of a vacancy on the Board, quorum shall be based on the number of then seated Board members. The Secretary shall make a reasonable effort to notify the appellant and any other known interested parties of a failure to obtain a quorum in advance of the hearing. Failure to obtain a quorum shall have the effect of postponing the hearing until the next regularly scheduled hearing of the Board, unless a majority of the Board votes to conduct a special hearing prior to the next regularly scheduled hearing.

    C. Absenteeism. Any Board member who is unable to attend a hearing of the Board shall notify the Secretary by telephone or e-mail at least twenty-four (24) hours in advance of the hearing. If permitted by the Administrative Code, the Secretary shall make a reasonable effort to fill the temporary vacancy with an alternate Board member.

    D. Voting.

    1. Personal Interest. No Board member shall take any official action, including participating in and voting upon, any matter in which the Board member, or a member of his or her immediate family, or an organization, with which the Board member is associated, has a substantial financial interest. No member shall use his or her position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the Board member, or a member of his or her immediate family, or an organization with which the Board member is associated. Any issue of financial interest shall be brought to the attention of the Chair prior to the hearing of the appeal in question. In the event a Board member has an issue of a possible conflict, the Chair shall be asked to make a determination about the ability or desirability of the potentially conflicted Board member to hear an appeal. If the Chair has an issue of a possible conflict, it shall be referred to the Vice-Chair. The Chair or Vice-Chair, as applicable, is encouraged to consult the City Solicitor on any issue of a possible conflict. If a Board member has a conflict of interest and must recuse themselves, then such Board member shall notify the Secretary by telephone or e-mail at least twenty-four (24) hours in advance of the meeting. In the event of a conflict of interest, the member who has the conflict of interest is encouraged to remove themselves from the meeting room during that portion of the meeting involving the item from which that member is conflicted. Board members are public officials and are bound by certain provisions of the Ohio Revised Code; including, but not limited to, Sections 102.03, 102.04 and 2921.42 of the Ohio Revised Code.

    2. Roll Call Vote. All votes of the Board shall be taken by a roll call vote. Straw poll votes of the Board shall be permitted at the discretion of the Chair.

    3. Record of Vote. The Secretary shall record the vote of each Board member on every question, or, if the member is absent or fails to vote, such fact shall be indicated. The record of the vote will be included in the written decision of the Board.

    4. Voting Members. All members of the Board shall be voting members. Any member of the Board may make a motion or second a motion. The Chair shall be the last member of the Board to vote on any motion.

    5. Tie Vote. In the event of a tie vote on a motion, the motion shall be deemed to have failed.

    6. Majority Vote. As used herein, the phrase "majority vote of the members of the Board" shall mean a vote of the majority of the members of the Board present at a meeting. If a vote of the majority of all of the members of the Board is required, it shall be expressly stated as such herein.