§ 2-1-38 APPEALS; STAYS OF PROCEEDINGS; DETERMINING APPEAL.

   (A)   General. Appeals to the Board may be taken by any person aggrieved of any decision of any officer, department, board or bureau of the city. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.

(1992 Code, § 3-1-104)

   (B)   Appeal stays all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the or by a court of record on application on notice to the officer from which the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as 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 attorney.

(1992 Code, § 3-1-105)

   (C)   Determining of appeal. In exercising the above mentioned powers such Board may, in conformity with the provisions of this subchapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(1992 Code, § 3-1-106)

§ 2-1-39 CONCURRING VOTE.

   The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such chapter, or to effect any variation in such chapter.

(1992 Code, § 3-1-107)

§ 2-1-40 AGGRIEVED PERSON MAY PRESENT PETITION TO COURT OF RECORD.

   Any person or persons, jointly or severally aggrieved by any decision of the Board, or any taxpayer, officer, department, board or bureau of the city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board.

(1992 Code, § 3-1-108)

§ 2-1-41 PRESENTATION OF PETITION.

   Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney which shall not be less than ten days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and due cause shown grant a restraining order.

(1992 Code, § 3-1-109)

§ 2-1-42 COPIES OF PAPERS.

   The Board shall not be required to return the original papers acted upon by it, but shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(1992 Code, § 3-1-110)

§ 2-1-43 DETERMINATION OF COURT.

   If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint the referee to take such evidence as it may direct, and report the same to the Court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(1992 Code, § 3-1-111)

§ 2-1-44 COSTS.

   Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.

(1992 Code, § 3-1-112)

§ 2-1-45 ENFORCEMENT AND REMEDIES.

   A violation of this subchapter is hereby declared to be a misdemeanor and punishable as provided in this code. Civil penalties may be imposed for such violation. The power to enforce any provisions of this subchapter is expressly granted herein to the Council as well as the power to abate such violation, illegal act, conduct, business or use in or about such premises within the city.

(1992 Code, § 3-1-113)

§ 2-1-46 CONFLICT WITH OTHER LAWS.

   Any requirements of the Board which stipulate higher standards than provided elsewhere in this code shall prevail. The provisions of this code or state statute requiring higher standards than provided for in this subchapter shall prevail.

(1992 Code, § 3-1-114)