(A) Any person aggrieved or affected by any decision of the County Division of Aviation, made in the administration of the provisions of this chapter, if of the opinion that a decision of the County Division of Aviation is an improper application of this chapter, shall appeal to the Council prior to introducing any litigation forming the subject matter of such grievance.
(B) Such appeals shall be taken within a reasonable time, as provided by the rules of the Council, by filing with the County Division of Aviation and with the Council a notice of appeal specifying the grounds thereof. The County Division of Aviation shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Airports Manager of the Aviation Division certifies to the Council after the notice of appeal has been filed that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such event, proceedings shall not be stayed otherwise than by order of the Council on notice to the County Division of Aviation and on due cause shown.
(D) The Council shall fix a reasonable time for the hearing of the appeal, giving public notice and 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.
(E) The Council may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may seem proper.
(F) The concurring vote of a majority of the members of the Council shall be sufficient to reverse, affirm, or modify any order, requirement, decision, or determination of the County Division of Aviation, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
('63 Code, § 10-1.10) (Ord. 2660, passed 6-19-56; Am. Ord. 587-C.S., passed 2-21-95)