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110.1 Hearing and Right of Appeal, Local Board of Building Appeals
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Adjudication hearings shall be in accordance with Sections 119.09 to 119.13 of the Revised Code, as required by Section 3781.031 of the Revised Code, and the following:
- Requests for hearing shall be within thirty days of the mailing date of an adjudication order. The local board shall schedule a hearing and notify the party. If the hearing concerns Section 3781.111 of the Revised Code or rules adopted thereunder, reasonable notice of time, date, place, and subject of the hearing shall be given to any local organization composed of or representing persons with disabilities, as defined in Section 3781.111 of the Revised Code, or if there is no local organization, then to any statewide organization composed of or representing persons with disabilities.
- For purposes of conducting adjudication hearings, the local board may require attendance of witnesses, production of records and papers, and may take depositions of witnesses in accordance with Section 119.09 of the Revised Code.
- Testimony shall be under oath and, as outlined in Section 109.1, a stenographic or mechanical record of testimony and other evidence submitted shall be taken at the expense of the local board of building appeals.
- The local board may postpone or continue any adjudication hearing on its own motion or upon the application of any party.
- The board shall keep a full and complete record of all proceedings which shall be open to public inspection.
- The Board shall render its decision within thirty days after the hearing.
- Following the hearing, an order shall be entered on its journal, and the local board shall serve by certified mail, return receipt requested, upon the party affected thereby, a certified copy of the order and a statement of the time and method by which an appeal may be perfected. A copy of the order shall be mailed to the attorney or other representatives of record representing the party.
- Any municipal or county officer, official municipal or county board, or person who was a party to the hearing before the municipal or county board of building appeals, may apply to the state board of building appeals for a de novo hearing, or may appeal to the court of common pleas of the county in which he is a resident or in which the premises affected by such order is located.
- In addition, when the adjudication hearing concerns Section 3781.111 of the Revised Code, or any rule made thereunder, any local organization composed of or representing persons with disabilities, or if no local organization exists, then any statewide organization representing persons with disabilities may file appeals as indicated in paragraph 4. of this section.
- Application for a de novo hearing before the state board shall be made no later than thirty days after the municipal or county board renders its decision.
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