A. Authority; Compliance With Law: Any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of any provision of this title may appeal to the board of appeals. Every such appeal shall be made and treated in accordance with Illinois law 1 and the provisions of this section.
B. Filing; Record Transmittal; Fee: Every appeal shall be made within forty five (45) days of the matter complained of by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district as per state law 2 . Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
C. Stay Of Proceedings: An appeal stays all further action on the matter being appealed unless the administrator certifies to the board of appeals, after the notice of appeal has been filed with him, that, for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board of appeals or the circuit court grants a restraining order for due cause and so notifies the administrator.
D. Public Hearing; Notice: The board of appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
1. By first class mail to the applicant and to all parties whose property abuts the property affected by the appeal; and
2. By publication in a newspaper of general circulation within the city.
E. Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council shall make the final decision on the appeal at their next regularly scheduled meeting following submission of said report. The council, by an ordinance passed by simple majority vote of all members then holding office, may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
Notes
| 1 | 2. 65 ILCS 5/11-13-12. |
| 2 | 3. 70 ILCS 405/22.02a. |