(A) To Board of Adjustment. Appeals from any action or decision of the Town Administrator acting pursuant to this chapter shall be made to the Board of Adjustment in the following manner.
(1) Authority to appeal. Appeals from the action of the Town Administrator to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the Town Administrator.
(2) Time for appeal; filing; records to Town Clerk-Treasurer.
(a) An appeal shall be taken within 30 days from the date of the grievance by filing with the officer from whom the appeal is taken and by filing with the Board of Adjustment a notice of appeal specifying the grounds therefor.
(b) The officer from whom the appeal is taken shall forthwith transmit to the town’s Clerk- Treasurer certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.
(3) Stay of 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 of Adjustment, after the notice of appeal has 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, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment on due cause shown.
(4) Hearing, notice and decision. 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 agent or by attorney.
(B) From Board of Adjustment.
(1) Authority to appeal; time for filing. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the town to the County District Court by filing with the town’s Clerk-Treasurer, within ten days of such action, decision, ruling, judgment or order, a notice of appeal.
(2) Records to Court Clerk. Upon filing the notice of appeal, the Board of Adjustment shall forthwith transmit to the Court Clerk 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.
(3) Stay of proceedings.
(a) An appeal to the district court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the chair of the Board certifies to the Court Clerk, after the notice of appeal has been filed, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(b) In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the District Court upon application or notice to the Town Administrator, and upon notice to the Chair of the Board, and upon due cause being shown.
(Prior Code, § 11-2-5)