A. General: An appeal to the board of adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the city affected, where it is alleged there is error in any order, requirement, decision or determination of the building inspector in the enforcement of this title.
B. Notice Of Appeal: An appeal shall be taken within ten (10) days from the determination complained of by filing with the building inspector and with the secretary of the board a notice of appeal, specifying the grounds thereof. The building inspector, upon receipt of notice, shall transmit to the secretary of the board certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the secretary shall cause an investigation to be made upon the appeal and shall set the matter for public hearing.
C. Board Of Adjustment Action: The board shall hold the public hearing. The board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The board shall make its decision within forty (40) days after the final hearing, and the decision shall be in writing and filed of record in the office of the city clerk. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building inspector. A decision of the board shall not become final until the expiration of fifteen (15) days from the date such decision is made, unless the board shall find the immediate taking of said decision is necessary for the preservation of property or personal rights and shall so certify on the record.
D. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have 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 such case, proceedings shall not be stayed other than by a restraining order granted by the board or by the court of proper jurisdiction on due and sufficient cause shown. (Ord. 165, 12-6-1983)