(A) Whenever any person is aggrieved by any final order of the Board of Zoning Adjustment issued pursuant to § 15.56.120 or the confirmation of an assessment made pursuant to § 15.56.180, such person may appeal to the City Council the issuance of the order or confirmation by filing a written notice of appeal therefrom with the Council no later than ten days from the date of decision.
(B) A written notice of appeal shall be filed in triplicate with the City Clerk and shall state therein the grounds for such appeal and the specific factual and/or legal errors committed by the Board of Zoning Adjustment in issuing its order of confirmation.
(C) The City Clerk shall forthwith transmit one copy of the notice of appeal to the Director and one copy to the Board of Zoning Adjustment by delivering it to the Board’s Secretary.
(D) The Secretary of the Board, no later than ten days from the date of the Board’s receipt of the notice of appeal, shall transmit to the Council the original resolution and copies of all other papers constituting the record upon which the Board’s decision was taken, including, but not limited to, the minutes of all hearings thereon, and shall submit to the Council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the Board reached its decision.
(E) The Council may, by resolution, affirm, reverse or modify, in whole or in part, any final determination, assessment or order of the Board which is appealed from. After reviewing the record of the Board’s proceedings relating to the decision appealed from, including, but not limited to, minutes of hearings, notice of appeal and the Board’s report, the Council, by resolution, may affirm without further action the determination, assessment or order appealed from.
(F) The Council may not reverse or modify the Board’s final determination which is appealed until it has held a hearing thereon, the hearing being set and notice thereof being given by the City Clerk as provided in § 15.56.070. The Council, by resolution, after the completion of the hearing, which it may continue for any reason it deems proper and reasonable, may reverse or modify, in whole or in part, any final decision, assessment or order of the Board.
(G) On the date a notice of appeal is filed under this chapter, all proceedings in furtherance of the determination or order appealed from shall be stayed until the final determination by the Council of the appeal.
(H) All decisions of the Board of Zoning Adjustment shall be final unless appealed within the time prescribed herein.
(`78 Code, § 15.56.215.) (Ord. 1824 § 12, 1987.)