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The legislative body shall, by the zoning code, provide for appeals from any administrative officer to the board of adjustment and from the board of adjustment to the district court of the county in which such municipality is located, in the following manner:
A. Right Of Appeal: Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the town affected by any decision of the building director/code officer.
B. Filing Appeal: Such appeal shall be taken within such time as is fixed by town ordinance by filing with the officer from whom the appeal is taken, and with the board of adjustment, a notice of appeal specifying grounds thereof.
C. Records To Board: The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of said matter, together with a copy of the ruling or order from which such appeal is taken.
D. 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 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 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 upon due cause shown.
E. Hearing: The board of adjustment shall fix 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. (Ord. 1997-3-1, 3-10-1997)