174.09 BOARD OF ADJUSTMENT APPEALS.
      1.   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Enforcement Officer or of any other administrative officer in the enforcement of the Zoning and Property Chapters or of the state zoning laws. Each appeal shall be taken within a reasonable time as provided by the rules of the Board. The Zoning Enforcement Officer and any other officer whose decision is the subject of the appeal shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
      2.   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board, after notice of appeal shall have been filed with him or her, that, because of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the Zoning Enforcement Officer and on due cause shown.
      3.   The Board shall fix a reasonable time for the hearing on the appeal, shall give public notice thereof as well as due notice to the parties in interest, and shall decide the appeal within a reasonable time. At the hearing any party may appear in person or by agent or by attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall pay a fee to the City Clerk in the amount specified by the City of Denison Schedule of Civil Penalties and Fees in the appendix of the City Code.