(A) Applications - when and by whom taken. An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Board in accordance with its rules of procedure.
(B) Appeals - when and by whom taken. An appeal to the Board may be taken by any person aggrieved or by any officer of the city affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall, upon request of the Board, transmit to the Board all the papers constituting the record of the action from which an appeal was taken.
(C) Hearings and fees.
(1) The Board shall fix a reasonable time for the hearing of the application or appeal and give public notice as well as due notice to the parties in interest of such public hearing. At the hearing, any party may appear in person or by attorney.
(2) The Board may require the party submitting the application or taking the appeal to assume the cost of public notice and due notice to interested parties.
(D) Decisions of the Board.
(1) The Board shall decide all applications and appeals within 30 days after the final hearing thereon.
(2) A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he shall incorporate the terms and conditions of the same in the improvement location permit to the applicant or appellant whenever a permit is authorized by the Board.
(3) Any person or persons, firm or corporation, jointly or severally aggrieved by any decision by the Board may present to the Circuit or Superior Court of Dearborn County, a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the date of the decision and the order of the Board with which there is a complaint.
(E) Stay of proceedings. An appeal to the Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board after notice of appeal shall have been filed with him, that by reason of fact 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 except by restraining order which may be granted by the Board or by the Circuit or Superior Court of Dearborn County.
(Ord., passed - -79)