§ 4. Hearings  


Latest version.
  • A. Open to Public. The Board shall conduct a regularly scheduled hearing on the third Thursday of each calendar month (unless a Thursday is a City holiday, or the day before or after a City holiday, then the hearing will be held on the following Thursday) at 9:00 a.m. in the Hearing Room at the City of Cincinnati Permit Center, 3300 Central Parkway, Cincinnati, Ohio 45220. If no appeals or other official matters are scheduled for a particular month, then the Board is not required to meet. All hearings of the Board shall be open to the public, except as provided by Ohio law. The Board may adjourn to discuss and deliberate; provided, however, the final vote on the outcome of an appeal shall be taken in open session, recorded by the Secretary, and included in the written decision of the Board.

    B. Agenda. The Secretary shall prepare an agenda for each regularly scheduled meeting of the Board listing the cases to be heard (the "Agenda"). The Secretary shall cause the Agenda to be published in the City Bulletin at least ten (10) days prior to the hearing date and shall distribute the Agenda and all materials pertinent to the Agenda items to the Board at least five (5) business days prior to the regularly scheduled meeting. No item which is not contained on the Agenda shall be considered by the Board unless a majority of the Board members present vote to consider the item by leave. Items shall be considered in the order set forth on the Agenda unless otherwise ordered by a majority vote of the Board members present.

    C. Quorum. A quorum for any hearing or any undertaking of official business of the Board shall consist of a majority of all of the Board members. In the event of a vacancy on the Board, quorum shall be based on the number of currently filled Board positions. The Secretary shall make a reasonable effort to notify the appellant, the appellee, and all persons who were entitled to notice of the appeal of the 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 the Chair convenes a special meeting prior to the next regularly scheduled hearing.

    D. Special Meetings. The Chair may, at his or her discretion, convene a special meeting of the Board. Notice of the time, place and purpose of all special meetings shall be delivered by telephone or e-mail to the Board members at least twenty-four (24) hours in advance of the special meeting. Special meetings of the Board shall be open to the public unless otherwise permitted by law. If open to the public, the Secretary shall post notice of the time, place and purpose of all special meetings for public viewing at the Department of City Planning and Buildings and on the City's website.

    E. Absenteeism. Any Board member who is unable to attend a hearing of the Board shall notify the Secretary by e-mail at least twenty-four (24) hours in advance of the hearing. The Secretary shall make a reasonable effort to fill the temporary vacancy with an alternate Board member of the same appointment (i.e. an architect to be replaced with an alternate architect) in order to obtain a quorum, or for any other reason in the Secretary's discretion. If a Board member has more than three absences during a Term, other than absences due to a conflict of interest, the absences shall constitute cause for removal by the City Manager.

    F. 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. Disqualification of a member for a conflict of interest shall not decrease the number of votes required for action upon any matter. 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. The Chair is encouraged to consult the City Solicitor on any issue of a possible conflict. If the Chair has an issue of a possible conflict, it shall be referred to the Vice-Chair. If a Board member has a conflict of interest and must recuse him or herself, then that Board member shall notify the Chair by 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 shall remove himself or herself 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, the fact shall be indicated. The record of the vote will be included in the written decision of the Board.

    4. Voting Members. All Board members shall be voting members. Any member of the Board may make a motion or second a motion.

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