§ 1201-51. Appeals.

(A)

Any person affected by any notice or order issued in writing by the fire chief pursuant to any provision of this code or other related laws and ordinances subject to administration by the fire chief, except as provided in paragraph (B) herein, may appeal the notice or order to the Cincinnati fire prevention board of appeals created by Article IV, Section 12 of the administrative code, which board shall have authority to affirm, modify or reverse the action of the fire chief. The appeal shall be based on one or both of the following grounds, to wit:

(1)

That the interpretation, ruling or order of the fire chief is contrary to this code, its administration, or to any rule or regulation made thereunder; or

(2)

That a variance from an applicable section of this code administration, or any rule or regulation made thereunder, in the specific case, will not be contrary to the public interest and, a literal enforcement of such provisions will result in undue hardship.

In exercising its powers, the board shall adopt from time to time such general rules and regulations as it may deem necessary to carry out the performance of its functions.

An appeal to the Cincinnati fire prevention board of appeals shall be in writing and shall be filed within 30 days from the receipt of the notice or order upon which the appeal is based. Service of said notice or order shall be made in accordance with Section 1201-43 of the Cincinnati fire prevention code.

With the filing of an appeal, the appellant shall pay a fee of $125.00.

(B)

Whenever any such notice or order issued in writing by the fire chief shall state thereon that immediate action is necessary because the existing condition constitutes an immediate or impending hazard of fire inimical to life and/or property, the person affected shall comply within the time provided by the notice or order, without right of appeal as provided by above paragraph (A).

(C.M.C. 1201-37; ordained by Ord. No. 364-1979, eff. Sept. 6, 1979; repealed and reordained as Sec. 1201-51 by Ord. No. 385-1984, eff. Sept. 6, 1984; a. Ord. No. 342-2015, § 1, eff. Nov. 28, 2015)

Analogous to CFPC 1-32; ordained by Ord. No. 479-1972, eff. Nov. 17, 1972; a. Ord. No. 348-1975, eff. July 2, 1975; a. Ord. No. 534-1977, eff. Dec. 29, 1977; r. Ord. No. 364-1979, eff. Sept. 6, 1979.