Gilberts — Title 9 Ch. 6 Art. B Vacant Buildings or Property § 9-6B-4

A. An owner of a building determined by the building official to be a vacant building as provided in this article may appeal that determination to the village administrator. Such appeal shall be in writing and shall be filed with the village administrator within 15 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register his building as required by section 9-6B-5 of this article. The appeal shall contain a complete statement of the reasons the owner disputes the building official's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The village administrator shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the building official's written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the village administrator that had the evidence been known to the building official at the time the building official made the determination, the building official would more likely than not have determined that the subject building was not a "vacant building" within the meaning of this article.
C. The village administrator shall send written notice of his decision to the owner within ten days of his or her receipt of the appeal. The village administrator may, but is not required to, seek additional information from the owner. The village administrator may, upon written notice thereof to the owner, take no more than ten additional days to decide the appeal if he or she determines that such additional time is required for consideration of the appeal.
D. An owner who wishes to challenge the applicability of this article to his/her building without the building official's determination having been made, shall set forth specific facts to support nonapplicability in a writing to the building official. In the event the building official determines that the subject building is a "vacant building", the owner shall have the right to appeal the building official's determination to the village administrator as provided herein.