A. Progression Of Appeals:
1. Any decision or ruling on the contents of this title by the village codes enforcement officer may be appealed to the village planning and zoning commission by any person aggrieved by the decision or ruling.
2. Orders or decisions of the planning and zoning commission may be appealed to the governing body by any person aggrieved by the order or ruling.
3. Any person aggrieved by a decision of the governing body may present to the district court a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. An appeal to a decision by the governing body must be submitted to the district court within thirty (30) days of the date of the decision.
B. Village Filing Deadlines: An appeal to a decision by the village codes enforcement officer or by the village planning and zoning commission must be filed with the village clerk no later than ten (10) working days after the date of the decision. An appeal is considered filed when it and the required appeal fee are delivered to and accepted by the village clerk. The date and time of filing shall be entered on the appeal by the village clerk.
1. Appeal fee: Two hundred fifty dollars ($250.00).
C. Nature Of Appeals Specified: An appeal must be in writing, and must state the exact nature of the appeal and specific reasons for it, including the section of this title which is proposed as having been violated in the decisions being appealed.
D. Administration Of Appeals: Within ten (10) days of receiving the notice of appeal, the village clerk shall inform the planning and zoning commission or the governing body that an appeal has been filed. The planning and zoning commission or the governing body shall set the appeal for hearing at the next legally permissible meeting. One week prior to the meeting at which the appeal will be heard, the village clerk shall transmit the appeal and all documents constituting the record relating to the action being appealed to the planning and zoning commission, or the governing body. Upon hearing the appeal the planning and zoning commission or the governing body may affirm or reverse (in part or in whole), or may modify the order, requirement or decision or determination that in its opinion ought to be made in the case before it.
E. Required Findings For Approving Appeals: Prior to deciding an appeal and reversing a ruling by the codes enforcement officer, the planning and zoning commission must determine and make findings that the codes enforcement officer's decision was illegal, in whole or in part. The governing body must determine and make findings that the planning and zoning commission's decision was illegal, in whole or in part prior to deciding an appeal and reversing a ruling by the planning and zoning commission.
F. Public Notice Of Appeals: The village clerk shall mail a notice of the time, place and purpose of the appeal hearing to the applicant, and shall fulfill the notification requirements set forth in section 17.08.020 of this chapter.
G. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed unless the codes enforcement officer or planning and zoning commission certifies that by reasons therein stated, a stay would cause imminent peril of life and property. Upon certification, the proceedings shall not be stayed except by order of a district court. (Ord. 285 § 4, 1997; Ord. 256 art. II § 4, 1993)