(a) From Decision of Official.
(1) An appeal taken from any order, requirement, decision or determination made by an administrative official charged with the enforcement of this Zoning Ordinance or rule and regulation adopted pursuant thereto shall be filed with the Board of Zoning Appeals.
(2) The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board by general rule and regulation.
(3) The administrative official from whom the appeal is taken shall, upon request of the Board, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(b) Hearings.
(1) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Public notice of the hearing shall be given by publishing a notice of the date, time and place of the hearing as a Class 1 legal advertisement in compliance with West Virginia Code Article 59-3, in a newspaper of general circulation in the City at least thirty (30) days prior to such hearing and due notice shall be given additionally to the interested parties.
(2) The Board may require the party taking the appeal to assume the cost of public notice and due notice to interested parties.
(3) At the hearing, any party may appear in person, by agent or by an attorney at law admitted to practice in the State.
(c) Staying of Work on Premises When Appeal Taken. When an appeal has been taken and filed with the Board, all proceedings and work on the premises in question shall be stayed (by written notice of the Board secretary sent to the property owner by certified mail) unless the official or Planning Commission from whom or which the appeal was taken shall certify to the Board of Zoning Appeals that by reason of facts stated in the certification a stay would cause imminent peril to life or property. If such certificate be filed, proceedings or work on the premises shall not be stayed except by a restraining order granted by the Marion County Circuit Court.
(Ord. 310. Passed 9-16-96.)