In any case where the applicable provisions of the Village Code of Ordinances provide for a right of any person or entity to appeal any administrative action taken or any decision made by any village personnel charged with the administration, enforcement or application of any provisions of the Village Code of Ordinances, or where such a right to appeal is required by any other provision of applicable law, such person or entity may take such an appeal by filing a written notice of appeal with the Hearing Officer and the village personnel from whose action or decision the appeal is taken, which notice shall specify the grounds for the appeal. The notice of appeal shall be served on the Hearing Officer and the village personnel from whose action or decision the appeal is taken by first class mail, postage prepaid, within 30 calendar days from the date of the action or decision from which the appeal is taken. Service of the appeal notice sent in accordance herewith shall be complete as of the date of deposit in the United States mail. Upon receipt of the notice of appeal, the Hearing Clerk shall schedule the appeal for a hearing before the Hearing Officer at the next scheduled hearing date which is not less than ten calendar days nor more than 45 calendar days from the date of service of the appeal notice, and the village personnel from whose action or decision the appeal is taken shall transmit all documents and papers used in making the decision or taking the action which is the subject of the appeal, and transmit the same to the Hearing Clerk and the Hearing Officer. A notice of appeal shall stay all proceedings in furtherance of the action or decision from which the appeal is taken, unless the village personnel whose action or decision is the subject of the appeal certifies in writing to the Hearing Officer that based on facts set forth in the certification, a stay of proceedings would result in imminent danger to life or property, in which case such proceedings shall not be stayed other than by a restraining order issued by the Hearing Officer or by a court of competent jurisdiction, upon notice to the parties and for good cause shown. The hearing on the appeal shall be conducted in a manner that is generally consistent with the provisions of § 42A.17. The Hearing Officer may affirm, reverse, or modify, in whole or in part, the action or decision of the village personnel from which the appeal is taken. No person or entity shall challenge any decision or action of any village personnel through litigation in a court of competent jurisdiction unless or until a timely notice of appeal has been filed and prosecuted, and the Hearing Officer has rendered a final decision on the merits of the appeal.
(Ord. 17-1382, passed 6-21-17; Am. Ord. 19-1570, passed 5-15-19)