§ 153.075 APPEALS.
   (A)   An appeal may be taken to the Planning and Zoning Board by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the Building and Zoning Administrator aggrieved or by any officer or department of the city. The appeal shall be taken within 45 days of the action complained of by filing with the Building and Zoning Administrator from whom the appeal is taken, specifying the grounds therefore. The Building and Zoning Administrator shall forthwith transmit to the Planning and Zoning Board all the papers constituting the record upon which the action appealed from is taken.
   (B)   The appeal stays all proceedings in furtherance of the action appealed from, unless the Building and Zoning Administrator certifies to the Planning and Zoning Board, after notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property.
   (C)   In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Planning and Zoning Board or by a court of record on application and on notice to the Building and Zoning Administrator, and on due cause shown.
   (D)   The Planning and Zoning Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Planning and Zoning Board may recommend to the City Council to reverse or affirm, wholly or partly, or to modify the order, requirement, decision, or determination of the Building and Zoning Administrator. A vote of 4 of the Planning and Zoning Board's members is required to recommend reversal of the official's action.
   (E)   Upon receipt of the recommendations of the Planning and Zoning Board, the City Council shall decide the appeal. The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made, to the end that the City Council has all the powers of the Building and Zoning Administrator.
(Am. Ord. 2014-36, passed 9-8-2014)