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§ 153.034 RECORDS OF THE BOARD OF APPEALS.
   A writing prepared, owned, used or in the possession of or retained by the Board of Appeals in the performance of an official function shall be made available to the public in accordance with Public Act 442 of 1976.
(Ord., § 3.5, passed 8-5-1991)
§ 153.035 BOARD OF APPEALS’ HEARINGS, NOTICE.
   The Board of Appeals shall schedule the hearing on an appeal within a reasonable time and provide notice of such hearing in accordance with § 153.126.
(Ord., § 3.6, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.036 DECISIONS OF THE BOARD OF APPEALS.
   The Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement decision or determination appealed from and shall make any order, requirement, decision or determination as, in the Board’s opinion, ought to be made in the premises and to that end shall have all the powers of the office from whom the appeal is taken. If there are practical difficulties in the carrying out of the strict letter of this chapter, the Board of Appeals may, in passing upon appeals, vary or modify any of its rules or provisions relating to the construction or structural changes in equipment or alteration of buildings or structures or dimensions of buildings or structures so that the spirit of this chapter shall be observed, public safety secured and substantial justice done. The foregoing notwithstanding, the Board’s powers shall not include the hearing of appeals from the decision of the Village Council or Planning Commission unless such specific appeal is authorized herein.
(Ord., § 3.7, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.037 APPEALS, BY WHOM TAKEN.
   An appeal may be taken by any person aggrieved by the decision of any officer or department of the village.
(Ord., § 3.8, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.038 RULES OF PROCEDURE.
   The Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its own Chairperson, and in his or her absence, an acting Chairperson. Minutes shall be recorded of all proceedings which shall contain evidence and the date relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the Village Clerk and shall be made available to the general public upon request. The Village Clerk shall act as Secretary of the Board of Appeals and all records of the Board’s actions shall be taken and recorded under said Clerk’s direction.
(Ord., § 3.9, passed 8-5-1991)
§ 153.039 COUNSEL.
   The Village Attorney shall act as a legal counsel for the Board and shall be present at all meetings upon request of the Board.
(Ord., § 3.10, passed 8-5-1991)
§ 153.040 APPEALS.
   A written notice of appeal specifying the grounds thereof shall be filed with the Village Clerk within ten days after the date of the action appealed from. A copy of the notice shall promptly be served upon the office from whom the appeal is taken who shall forthwith transmit to the Board all records upon which the action appealed from was taken. An appeal shall stay all proceedings, decisions or orders unless said officer certifies to the Board that a stay would, in his or her opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed except upon restraining order by the Circuit Court.
(Ord., § 3.11, passed 8-5-1991)
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