(a) A responsible party or an owner aggrieved by a final decision or order of the Board of Appeals may appeal that decision or order to the Calhoun County Circuit Court by filing a petition for an order of superintending control within 20 days from the date of that decision or order. If not appealed, orders of the Board shall be final.
(b) On appeal the Circuit Court shall review the record and final decision or order of the Board of Appeals to insure that the decision meets all of the following:
(1) Complies with the constitution and laws of this state.
(2) Is based upon proper procedure.
(3) Is supported by competent, material, and substantial evidence on the record.
(4) Represents the reasonable exercise of discretion granted by law to the Housing Board of Appeals.
(c) If the Circuit Court finds the record of the Board of Appeals inadequate to make the review required by this section, or that additional evidence exists which is material and with good reason was not presented to the Board of Appeals, the Court shall order further proceedings before the Board of Appeals on conditions which the Court considers proper. The Board of Appeals may modify its findings and decision or order as a result of the new proceedings, or may affirm the original decision. The supplementary record and decision shall be filed with the Court.
(d) As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the Board of Appeals.
(Ord. 1-94. Passed 1-18-94; Ord. 31-05. Passed 10-18-05; Ord. 08-2016. Passed 6-21-16.)