§ 3. Appeals.  


Latest version.
  • A.

    Appeal Forms . All persons must submit appeals for the Board's consideration on forms, and in the manner, prescribed by the Board.

    B.

    Completeness . An appeal must include all information, documents, and fees requested by the appeal form. The Staff Attorney shall determine the completeness of all appeals to the Board.

    C.

    Parties to an Appeal . For the purposes of these rules, the following persons are parties to an appeal:

    1.

    Appellant. Any reference herein to the term "appellant" includes an appellant, an appellant's attorney, or any other duly authorized agent or representative.

    2.

    Party of Record. Any reference herein to the term "party of record" means any concerned person or entity with standing under Ohio law to participate in the proceeding.

    3.

    Government Official . Any reference herein to the term "government official" includes any functionary or authorized representative of any department, office, or institution of a political subdivision of the State of Ohio.

    D.

    Withdrawal . An appellant may request to withdraw an appeal at any time before the Board votes on the merits of an appeal, except that when a motion is pending to determine the outcome of the appeal, the motion must first be withdrawn by the movant and seconded before the appeal may be withdrawn.

    E.

    Postponements . An appellant may submit to the Staff Attorney a written request to postpone a scheduled hearing, but the appellant must make the request at least one business day before the scheduled hearing date. The Staff Attorney has authority to grant one request to postpone, and he or she shall promptly notify all persons entitled to notice of the appeal about the postponement.

    1.

    Exception . The Staff Attorney shall have no authority to grant a request to postpone a hearing that concerns appeals from the enforcement of Cincinnati Building Code Section 1101-63, R.C. 3781.06, Ohio Building Code Section 109.4, or any other similar, related, or associated provision alleging unsafe or unsanitary conditions constituting a serious hazard.

    F.

    Continuances . An appellant may request to continue a scheduled hearing by submitting a written request to the Board or by appearing at the scheduled hearing and making an oral request to the Board. The Board may continue the hearing if it determines the appellant has demonstrated good cause that the hearing should be continued.