§ 156.198 APPEALS.
   (A)   Authority. The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement, or determination under this chapter.
   (B)   Scope of appeals. An appeal, in which it is alleged that there is error in any decision made by the Building Commissioner under this chapter, may be taken to the Board by any person or governmental agency aggrieved by such decision or by any department, officer, board or bureau of the village. Such an appeal shall be taken, within such time as shall be prescribed by the Board by rule, by filing with the Village Clerk a notice of appeal in such form as the Board may provide by rule. The Building Commissioner shall, without delay, forward to the Board a copy of the notice of appeal together with all of the papers constituting the record upon which the decision appealed from was made.
   (C)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the decision appealed unless the Building Commissioner certifies to the Board, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Building Commissioner and on due cause shown.
   (D)   Hearing. The Board shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties, including the appellant, the Building Commissioner, and any other affected party who has requested in writing that he be so notified.
   (E)   Decisions. The Board shall render a written decision on the appeal within a reasonable time, but in no event more than 60 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The Board may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify, the decision of the Building Commissioner, as in its opinion ought to be done, and to that end shall have all the powers of the Building Commissioner. All decisions, after hearing, of the Planning and Zoning Commission on appeals from an administrative order, requirement, decision or determination of the Building Commissioner shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable state statutes.
(Ord. 95, passed 4-5-71)