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1. There is created an Airport Board of Adjustment to have and exercise the following powers: (i) to hear and decide appeals from any order, requirement, decision, or determination made by the Ankeny Community Development Department office in the enforcement of this chapter; and (ii) to hear and decide specific variances.
2. The Board of Adjustment shall consist of members appointed by the City and County as provided in Section 329.12, Code of Iowa. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
3. The Airport Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Airport Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Airport Board of Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Airport Board of Adjustment shall be public. The Airport Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the Polk County Public Works Department and the Ankeny Community Development Department office.
4. The Airport Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decisions or determination which comes before it under the provisions of this chapter.
5. The concurring vote of a majority of the members of the Airport Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Ankeny Community Development Department office or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, to effect variation to this chapter.
1. Any person aggrieved, or any taxpayer affected by any decision of the Ankeny Community Development Department office made in the administration of this chapter, may appeal to the Airport Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the airport Board of Adjustment, by filing with the Ankeny Community Development Department office a notice of appeal specifying the grounds therefor. The Director of Public Works or the Ankeny Community Development Department office shall forthwith transmit to the Airport Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Ankeny Community Development Department office certifies to the Airport Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Airport Board of Adjustment.
4. The Airport Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and 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 agent or by attorney.
5. The Airport Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.
Each day a violation of any provision of this chapter continues to exist shall constitute a separate offense and shall additionally constitute a municipal infraction punishable as set out in this code. Seeking a civil penalty does not preclude the City or County from seeking alternative relief including an order for abatement or injunctive relief in the same or separate action.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City, in addition to other remedies shall institute any proper action or proceedings in the name of the city to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lane; or to prevent any illegal act, conduct, business or use in or about such premises.
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