(A) (1) Any person or persons, jointly or severally, or any taxpayer, officer, department, board or bureau of the city may appeal any action, decision, ruling, judgment or order of the Board of Adjustment directly to the District Court, by filing notice of appeal with the City Clerk and with the Board of Adjustment within ten days from the filing of the decision of the Board of Adjustment, which notice shall specify the grounds for appeal.
(2) Upon filing of the notice of appeal as herein provided, the Board of Adjustment shall forthwith transmit to the Court Clerk of the county, the original or certified copy of the papers constituting the record in the case, together with the order, decision or ruling of the Board.
(B) (1) An appeal to the District Court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Chairperson of the Board of Adjustment, from which the appeal is taken, certifies by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril to life or property.
(2) In such case, proceedings shall not be stayed other than by a restraining order which may be granted to the District Court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the Chairperson of the Board of Adjustment from which the appeal is taken, and upon due cause being shown, the Court may reverse or affirm wholly or partly, or modify the decision brought up for review.
(2002 Code, § 154.111) (Ord. 486, passed 5-12-2003)