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(A) An appeal may be taken to the Hearing Officer by any person, firm or corporation aggrieved by a determination or decision of any administrative official charged with the enforcement of any provision of or regulation adopted pursuant to this chapter, or by any officer, department, board or bureau of the city relating to such decision. The appeal shall be taken within 45 days of the action complained of by filing, with the officer from whom the appeal is taken and with the Hearing Officer a notice of appeal, specifying the grounds thereof. The official appealed from shall thereupon transmit to the Hearing Officer all papers constituting the record upon which the action appealed from was taken.
(B) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the official appealed from certifies to the Hearing Officer after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, the stay would, in his or her opinion, cause eminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Hearing Officer or by a Court of Record on application, or notice to the official appealed from and on due cause shown.
(C) The Hearing Officer may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Hearing Officer may decide to be fitting and proper to the premises. No challenge to any decision subject to this section shall filed in any court until or unless a timely appeal has been filed and prosecuted to completion by the applicant as provided for in this subchapter so as to establish a final appealable decision.
(Ord. 3382, passed 11-7-2005)