Any person aggrieved by any decision or order of the Code Official in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Board of Appeals on a prescribed form. Every such appeal shall be made and treated in accordance with state law and the provisions of this section.
(A) Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Village Clerk and the Board of Appeals a written notice specifying the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the Village Clerk shall transmit to the Board of Appeals and the Code Official all records pertinent to the case.
(B) Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Code Official certifies to the Board, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board or the Circuit Court grants a restraining order for due cause, and so notifies the Code Official.
(C) Hearing. The Board of Appeals shall hold a hearing on every appeal not later than 30 days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.
(E) Decision by Board of Appeals. The Board shall be required to decide all appeals within 15 days after the final hearing thereon. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises, and to that end, has all the powers of the officer from whom the appeal is taken. A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Code Official. Such decision shall be binding upon the Code Official and observed by him or her, and he or she shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board. All final administrative decisions of the Board shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, being 735 ILCS 5/3-101 et seq.
(Prior Code, § 10-9-1) (Ord. passed 4-19-1999)