A. Appeals Of Administrative Decisions:
1. Purpose And Scope: The Board of Adjustment is empowered by this title and Oklahoma law to hear appeals of administrative decisions made in the interpretation and enforcement of this title. It is intended that all questions arising in connection with the interpretation and enforcement of this title shall be presented first to the City Administrator or any agency acting in administrative capacity; and presented to the Board of Adjustment on appeal from that administrative decision. It is further intended that the duties of the City Council in connection with this title shall not include the hearing or passing upon such appeals.
2. Decisions That May Be Appealed: An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by the City Administrator or any agency acting in an administrative capacity in interpreting and/or enforcing the provisions of this title may be appealed to the Board of Adjustment, unless otherwise provided in this title.
3. Filing Of Appeal; Effect Of Filing:
a. An appeal to the Board of Adjustment may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal, or by the City Administrator on behalf of the City.
b. An application for an appeal shall be filed with the City Administrator. Once the application is complete, the City Administrator shall schedule the appeal for consideration at a public hearing before the Board of Adjustment. The City Administrator shall transmit to the Board of Adjustment all applications and other records pertaining to such appeal. The application shall be filed no later than thirty (30) days after the date of the contested action.
c. Written and published notice shall be required for all appeals of administrative decisions.
d. The filing of an appeal shall stay all proceedings in furtherance of the contested action, unless the City Administrator certifies to the Board of Adjustment that, in his or her opinion by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by a court of law on notice to the administrative official from whom the appeal is taken, with due cause shown.
4. Action By The Board Of Adjustment:
a. Upon receiving the application materials from the City Administrator, the Board of Adjustment shall hold a hearing on the appeal.
b. Either at the hearing or a subsequent meeting, the Board of Adjustment shall adopt a resolution reversing, affirming, or modifying the contested action. In reversing, affirming, or modifying the contested action, the Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.
c. The Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this title or related policies adopted by the City.
d. The Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least three (3) members.
5. Effect Of Reversal Or Modification: In the event that the Board of Adjustment reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the Board of Adjustment.
B. Appeals From Planning Commission: Appeals from decisions by the Planning Commission based upon this title shall be to the City Council, unless otherwise provided in this title. Written and published notice shall be required for all appeals of administrative decisions.
C. Appeal From Board Of Adjustment Or City Council: Appeals from decisions made by the Board of Adjustment or the City Council based upon this title shall be to the District Court. (Ord. 420, 12-18-2017)