(a) An application to the Board of Appeals, in cases in which it has original jurisdiction under the provisions of this Code, may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau. Such application shall be filed with the Secretary of the Board, together with a filing fee as set by ordinance of Council, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application to the Board, 30 days prior to the desired regularly scheduled Board of Appeals meeting.
(b) An appeal to the Board may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau affected by any ruling of the Building Commissioner. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board, by filing with the Building Commissioner a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board such notice of appeals, together with all the plans and papers constituting the record upon which the action appealed from was taken.
(c) The Board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give at least fifteen (15) days notice of the time and place of such hearing by insertion in a newspaper of general circulation in the City, and shall also give notice delivered by first class mail at least five (5) days before the time fixed for such hearing to the applicant or appellant and to the Building Commissioner, and to the respective owners of record of property within a radius of three hundred fifty feet (350 ft.) of the outer boundary to the property in question. Any party may appear at such hearing in person or by agent or by attorney. The Board shall decide the application or appeal within a reasonable time. The failure to receive such notice shall not invalidate the proceedings.
(d) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner certifies to the Board 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 an order which may, on due cause shown, be granted by the Board on application, after notice to the Building Commissioner, or by a court of record.
(Ord. 7139-99. Passed 7-6-99.)