(A) Institution of appeal process.
(1) Any written decision of the hearing officer may be appealed to the board by either the owner or by residents representing 25 percent or more of the spaces in the park affected by the hearing officer's decision. An appeal shall be requested by the filing of a notice of appeal signed by either the owner or such residents.
(2) The notice shall be filed with the city clerk within 15 days after the date the hearing officer's written decision is mailed to the owner and the residents' representative by the city.
(3) A copy of the notice filed by an owner shall be mailed by the owner to each affected space in the park and a proof of service of mailing shall be filed with the city clerk.
(4) A copy of the notice filed by the residents shall be mailed by the appealing residents to the owner and a proof of service of mailing shall be filed with the city clerk. A notice filed by residents shall include sufficient information, including, but not limited to, the residents' names and addresses, to enable the city clerk to verify the required number of signatures on the basis of one resident per occupied space.
(5) The notice of appeal shall contain the name, mailing address, and telephone number of an individual who shall be designated as the representative of the appealing residents. Official notices to the protesting residents may be served upon this representative. This representative shall also organize the presentation to the board on behalf of the residents.
(6) Except for protests of CPI formula adjustment applications, the execution of any hearing officer decision shall be stayed for 90 days from the date of filing of a notice of appeal.
(B) Transcript and exhibits -
(1) All testimony presented to the hearing officer during a hearing shall be stenographically recorded by a certified shorthand reporter. The city shall be responsible for the certified shorthand reporter's appearance fee.
(2) Upon the filing of an appeal from a hearing officer decision, the appealing party shall order and pay for the original certified shorthand reporter's transcript. Copies of the certified shorthand reporter's transcript shall be paid for by the parties ordering them. The original certified shorthand reporter's transcript and all original exhibits shall be provided within 30 days of the filing of the notice of appeal and thereafter be forwarded to the board.
(C) Effect of decision - The decision of the board shall be final and constitute the exhaustion of available administrative remedies to review hearing officer decisions.
(`64 Code, Sec. 17.1-15) (Ord. No. 2475)