A. Composition: The Board of Adjustment must consist of five (5) members.
B. Appointments: Board of Adjustment members must be appointed by the Mayor and confirmed by the City Council.
C. Terms: Members of the Board of Adjustment serve 3-year staggered terms.
D. Vacancies: In the event of a vacancy occurring in the membership of the Board of Adjustment for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments.
E. Removal: A Board of Adjustment member may be removed for cause by the City Council after notice, written charges and public hearing.
F. Compensation: Members of the Board of Adjustment serve without compensation.
G. Officers: The Board of Adjustment must elect a Chairperson and Vice Chairperson.
H. Rules Of Procedure: The Board of Adjustment must adopt rules necessary for the conduct of its affairs.
I. Meetings: Meetings are held at the call of the Chairperson and at other times as the Board of Adjustment may determine. The Chairperson, or in the Chairperson's absence, the Acting Chairperson, may administer oaths and compel attendance of witnesses. All meetings of the Board of Adjustment must be conducted in compliance with the Oklahoma Open Meeting Act. The Board of Adjustment must keep records of its proceedings and official actions, all of which must be open to the public in compliance with the Oklahoma Open Records Act.
J. Powers And Duties: The Board of Adjustment has the powers and duties that are expressly identified in this UDO, including hearing and acting on applications for variances and special exceptions.
K. Appeals To District Court:
1. Procedure:
a. An appeal from any action, decision, ruling, judgment, or order of the Board of Adjustment may be taken by any person or persons who were entitled, pursuant to any provision of this UDO, to mailed notice of the public hearing before the Board of Adjustment, by any person or persons whose property interests are directly affected by such action, decision, ruling, judgment or order of the Board of Adjustment, or by the City Council to the District Court of Mayes County by filing with the City Clerk and with the Clerk of the Board of Adjustment within ten (10) days of the date of such action, a notice of appeal that specifies the grounds for the appeal. No bond or deposit for costs is required for such an appeal.
b. Upon filing of the notice of appeal, the Board of Adjustment must transmit to the Clerk of the Mayes County District Court, the original or certified copies of all papers constituting the record in the case, together with the order, decision or ruling of the Board of Adjustment.
c. The appeal is heard and tried de novo in the District Court of Mayes County. An appeal from the action of the District Court may be taken as in all other civil actions. All issues in any proceedings under this section have preference over all other civil actions and proceedings.
d. Costs are not allowed against the Board of Adjustment unless the court finds that the Board of Adjustment, in making its decision, acted with gross negligence, in bad faith or with malice.
2. Stay Of Proceedings: During the pendency of such an appeal, the effectiveness of a decision of the Board of Adjustment may not be suspended unless a party applies to the District Court for a stay pending the District Court's determination of the merits of the appeal and the District Court issues the stay. Stays in appeals from the Board of Adjustment to the District Court may be obtained only as set forth in title 11 Oklahoma Statutes section 44-110. (Ord. 2018-16, 12-4-2018)