A. Appeal To Board:
1. Appeals from the action of any administrative officer may be taken to the city council, sitting as a board of adjustment, by any person aggrieved or by any officer, department, or board of the city affected by any decision of such administrative officer.
2. Such appeal shall be taken within five (5) days from the date of such decision, by filing with said officer and with the city council, sitting as a board of adjustment, a notice of appeal, specifying the grounds thereof.
3. The officer from whom the appeal is taken shall forthwith transmit to the city council, sitting as a board of adjustment, certified copies of all papers constituting the record of said matter involved in said appeal, together with a copy of the ruling or order from which said appeal is taken.
4. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the city council, sitting as a board of adjustment, 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 a restraining order, which may be granted by the city council, sitting as a board of adjustment, or by a court of record on application and notice to the officer from whom the appeal is taken and due cause shown.
5. The city council, sitting as a board of adjustment, shall hear said appeal within a reasonable time after the filing of said notice of appeal, giving public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time.
6. Upon the hearing, any party may appear in person or by his attorney or by agent.
B. Appeal To District Court:
1. An appeal from any action, decision, ruling, judgment, or order of the city council, sitting as a board of adjustment, may be taken to the district court by any person or persons jointly or severally aggrieved, or any taxpayer, or any officer, department, board, or bureau of the city by filing with the city clerk and with the city council, sitting as a board of adjustment, within ten (10) days, a notice of appeal; which notice shall specify the grounds of such appeal.
2. No bond or deposit for costs shall be required for such appeals.
3. Upon filing of such notice of appeal as herein provided, the city council, sitting as a board of adjustment, shall transmit forthwith to the court clerk of the county, the original certified copies of all the papers constituting the record in the case, together with the order, decision, or ruling expected thereto.
4. An appeal to the district court from the city council, sitting as a board of adjustment, stays all proceedings in furtherance of the action appealed from, unless the mayor, chairman of the board of adjustment, 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 a restraining order granted by the district court, upon application or notice to the mayor, chairman of the city council, sitting as a board of adjustment, or other proper city official. (Ord. 294, 1-27-1987)