§ 1101-81. Board of Building Appeals.  


Latest version.
  • 1101-81.1 Jurisdiction.

    (1)

    Persons adversely affected by a final, appealable decision, order, or adjudication issued under the authority of the director of buildings and inspections pursuant to the enforcement of Ohio Revised Code Chapters 3781 and 3791, the rules made under them, and those provisions of the Cincinnati Building Code that supplement those chapters and the rules made under them, may appeal to the Board of Building Appeals.

    (2)

    Whenever an appeal is properly filed with the Board of Building Appeals that presents questions of law or fact within the jurisdiction of the Board of Housing Appeals, the Board of Building Appeals may hear and determine those questions of law and fact and dispose of them in the same manner and to the same extent as the Board of Housing Appeals is authorized to do so. In doing so, the Board of Building Appeals shall divest of the Board of Housing Appeals of jurisdiction, and it may dispose of those questions of law or fact at issue in the appeal.

    (3)

    An appeal to the Board of Building Appeals is perfected upon completion of the following:

    (a)

    Filing a notice of appeal in the form and manner prescribed by the board within 30 days from the date of the mailing of the final, appealable decision, order, or adjudication that is the subject of the appeal; and

    (b)

    Payment of the applicable fee.

    1101-81.2 Meetings.

    (1)

    All board meetings shall be open to the public.

    (2)

    The board shall publish a meeting agenda in the City Bulletin at least ten days before a meeting.

    (3)

    The board shall mail a hearing notice to an appellant by regular mail no less than ten days before the meeting date at which the board shall hear an appellant's appeal.

    (4)

    The board shall cause notice to be provided to any local organization composed of or representing persons with disabilities, as defined in Ohio Revised Code Section 3781.111 of any appeal related to Ohio Revised Code Section 3781.111 or rules adopted thereunder.

    (5)

    The following persons shall be permitted to appear and be heard in person to present their positions, arguments, or contentions, to offer and examine witnesses and present evidence:

    (a)

    The appellant, or the appellant's attorney or agent.

    (b)

    Government officials.

    (c)

    Representatives of the community organization recognized by the Council as representative of the neighborhood in which the subject property is located.

    (d)

    Any person who alleges that the subject matter of the appeal presents a unique impact on their rights, duties, privileges, benefits, or legal relationships.

    (6)

    The board may adopt additional rules of procedure from time to time that the board deems necessary to carry out the performance of its duties.

    1101-81.3 Decisions.

    (1)

    All decisions, orders, or adjudications reviewed by the board shall be presumed to be valid, and the burden shall be upon the appellant to prove otherwise.

    (2)

    The board may modify or reverse a decision, order, or adjudication if the board finds that the appellant demonstrates by a preponderance of the substantial, reliable, and probative evidence one or more of the following:

    (a)

    The decision, order, or adjudication is contrary to existing laws, rules or regulations;

    (b)

    The decision, order, or adjudication is contrary to a fair interpretation or application of existing laws, rules or regulations; or

    (c)

    That a variance from the provisions of the existing laws, rules or regulations, as applied to the subject property, will not be contrary to the public interest and literal enforcement of the provisions will result in unnecessary hardship.

    1101-81.4 Appeals. The board's final written decision shall constitute a final appealable order that may be appealed in the manner provided by R.C. Chapter 2506.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 355-1996, eff. Nov. 6, 1996; a. Ord. No. 59-2002, eff. March 28, 2002; Emer. Ord. No. 035-2010, §§ 2, 3, eff. Feb. 10, 2010; a. Ord. No. 091-2014, § 5, eff. June 7, 2014; Emer. Ord. 114-2014, § 3, eff. June 4, 2014; Emer. Ord. No. 238-2015, § 31, eff. July 1, 2015; a. Ord. No. 345-2017, § 1, eff. Jan. 20, 2018)