§ 2-3. Appeals to board of adjustment generally.

(a)

Appeals to the board of adjustment can be taken by any person aggrieved or by an officer or a board or department of the municipality affected by any decision of the administrative office, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

The notice of appeal shall be accompanied with a check in the amount of $50.00 payable to the city. If it is determined that there was an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance such fee shall be refunded following such determination by the board of adjustment. However, no refund will be made regardless of the decision of the board of adjustment relative to application for special exceptions or variances pursuant to the terms of any ordinance.

(c)

An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts, stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown.

(d)

The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent.

(Ord. No. 78-1, § 1, 1-3-78)

Cross reference

See also App. A, § 13-100.