(A) Right to appeal. Appeals from the action of an Administrative Officer to the Board of Adjustment may be taken by any person aggrieved or by any officer, department or board of the City affected by a decision of the Administrative Officer.
(B) Time limit; filing notice of appeal. An appeal shall be taken within 20 days of the action taken by the Administrative Officer by filing with the Code Official, a notice of appeal specifying the grounds therefor.
(C) Filing fee; list of adjacent property owners. The Board of Adjustment shall act on appeals as authorized upon payment of a filing fee of $100 to the Office of the City Clerk. In addition, the applicant shall provide a list containing the names and mailing addresses of all owners of property lying within 300 feet of the exterior boundary of the subject property, as certified by a licensed and bonded abstracting company or title insurance company.
(D) Records provided to Board. The officer from whom the appeal is taken shall transmit to the Board of Adjustment certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.
(E) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal has been filed with him, that by reason of facts stated in the appeal a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
(F) Hearing. The Secretary of the Board of Adjustment shall schedule a reasonable time for the hearing of the appeal; give public notice thereof, as well as due notice to the parties in interest; and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(Prior Code, § 11-3-9) (Ord. 80-29, passed 12-16-1980)