§ 1101-83. Board of Housing Appeals.
1101-83.1 Jurisdiction.
(1)
The following persons may appeal to the Board of Housing Appeals:
(a)
Persons adversely affected by a final, appealable decision, order, or adjudication issued by the director pursuant to Sections 1101-80.2 or 1101-80.3.
(b)
Persons adversely affected by a final, appealable decision, order, or adjudication issued by the Community Reinvestment Area Housing Officer made pursuant to Ohio Revised Code Sections 3735.65 to 3735.69 and city ordinances adopted under the authority of those sections.
(c)
Persons adversely affected by a final, appealable decision, order, or adjudication under the authority of the director of buildings and inspections pursuant to the enforcement of the property maintenance provisions of the Cincinnati Municipal Code, unless the subject matter of the appeal falls within the jurisdiction of another board of the City.
(2)
An appeal to the Board of Housing 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.
1101-83.2 Meetings.
(1)
All board meetings shall be open to the public.
(2)
The board shall publish in the City Bulletin a meeting agenda 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 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.
(5)
The board may adopt from time to time additional rules of procedure that the board deems necessary to carry out the performance of its duties.
1101-83.3 Decisions.
(1)
All notices of 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 provided the appellant demonstrates by a preponderance of the substantial, reliable, and probative evidence that the decision, order, or adjudication is illegal, arbitrary, capricious, unreasonable, unsupported, or otherwise contrary to law.
1101-83.4 Appeals. The board's final written decision shall constitute a final appealable order that may be appealed in the manner provided by the R.C. Chapter 2506.
(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; r. Ord. No. 355-1996, eff. 11-6-96; ordained by Ord. No. 367-2008, § 1, eff. Oct. 29, 2008; a. Ord. No. 418-2010, § 25, eff. Nov. 24, 2010; Emer. Ord. No. 045-2011, § 7, eff. Feb. 16, 2011; a. Ord. No. 091-2014, § 7, eff. June 7, 2014; Emer. Ord. No. 238-2015, § 32, eff. July 1, 2015; a. Ord. No. 345-2017, § 1, eff. Jan. 20, 2018)