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A. Time Limit For Filing Appeal: Appeals from any action of the building official may be taken to the board of city commissioners by any person aggrieved, or by any officer, department, or board of the municipality affected by any decision of the building official. Such appeal shall be taken within three (3) days from the date of the decision of the building official, or in the event of the failure of such building official to issue or refuse a permit, as herein provided, such appeal shall be within three (3) days from the expiration of the ten (10) day period therein provided; and such appeal shall be taken by filing with the building official and with the board of city commissioners, within such time, a notice of appeal, specifying the grounds therefor. The building official shall forthwith transmit to the board of city commissioners certified copies of all the papers constituting the record in such matter, involved in such appeal, together with a copy of the ruling or order from which said appeal is taken.
B. Appeal Stays Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the building official certifies to the board of city commissioners, after the notice of the appeal has been filed, 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, proceeding shall not be stayed other than by a restraining order which may be granted by the board of city commissioners, or by a court of record on application or notice to the building official.
C. Conduct Of Hearing; Decision: The board of city commissioners shall hear said appeal within ten (10) days from filing thereof, giving 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 person may appear in person or by his agent or by his attorney.
D. Appeal Decision To District Court:
1. An appeal from any action, decision, ruling, judgment, or order of the board of city commissioners may be taken to district court by any person or persons, jointly or severally aggrieved or by any taxpayer or any officer, department, board or bureau of the municipality, by filing with the city clerk and with the board of city commissioners within ten (10) days a notice of such appeal, which notice shall specify the ground of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, as herein provided, the Board shall forthwith transmit to the Court Clerk of the County, the original or certified copy of all the papers constituting the records in the case, together with the order, decision or ruling of the Board.
2. An appeal to the District Court from the Board of City Commissioners stays all proceedings in furtherance of the action appealed from unless the Mayor or the Board of City Commissioners certifies to the Court Clerk, after notice of appeal shall have been filed, 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 restraining order granted by the District Court upon application or notice to the building official and the Mayor or the Board of City Commissioners. (Ord. 941, 11-14-2011)