(A) Any person aggrieved, or taxpayer affected, by any decision of the City Manager made in his or her administration of this chapter, if of the opinion that a decision of the City Manager is an improper application of this chapter, may appeal to the Airport Board of Appeals for which provision is made in § 96.10.
(B) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the Board, by filing with the City Manager and with the Board, a notice of appeal specifying the grounds thereof. The City Manager shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the City Manager certifies, after the notice of appeal has been filed with the City Manager, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed otherwise than by order of the Board on notice to the City Manager and on due cause shown.
(D) The Board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(E) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the City Manager as to the matter from which the appeal was taken.
(F) The Board shall make written findings of fact and conclusions of law giving facts upon which it acted and its legal conclusions from the facts in reversing, or affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this chapter.
(G) The concurring vote of a majority of the Board shall be sufficient to reverse any order, requirement, decision, or determination of the City Manager, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to affect any variation in this chapter.
(H) Findings of fact, if supported by substantial evidence, shall be conclusive on appeal.
(1981 Code, § 4-26)
Statutory reference:
Similar provisions, see NMSA § 3-39-22F-J