132.05 FILING OF APPEALS, PROCEDURES AND DECISIONS.
(a) An appeal to the Board shall be filed in writing with the Secretary of the Board, unless the ordinance authorizing the appeal specifies filing with a different person, in which case such person shall forward the appeal to the Secretary of the Board. An appeal must be filed within the time period set forth in the ordinance authorizing the appeal being filed. Appeals shall be filed in person, except that an appeal filed with the Secretary of the Board may be filed by facsimile, to the facsimile telephone number of the Secretary of the Board in the Department of Law. The Secretary to the Board shall determine whether the appeal is timely and within the jurisdiction of the Board. If the Secretary determines that the appeal may be heard, the appeal shall be set for hearing on the next available hearing date, in the discretion of the Secretary.
(b) Notice of the date and time of the appeal shall be provided to the appellant in writing no later than fourteen (14) days prior to the date of the hearing, unless the appellant waives the notice period.
(c) An appellant must request a rescheduling of the hearing date no later than three business days prior to the date of the hearing, except in an emergency. The Secretary shall determine whether to grant a request to reschedule the hearing, and such decision shall reasonably allow such rescheduling, in the discretion of the Secretary.
(d) An appellant shall have the opportunity to present evidence and witnesses at the hearing on the appeal.
(e) Hearings shall be recorded electronically, in writing or by other means, and a copy of the record shall be made available upon request at the standard charges for public records.
(f) The Board shall meet in executive session to make its decision on any appeal, and the appellant shall be provided a copy of the decision within fourteen (14) days after the hearing.
(g) The Board may grant, deny or grant in part and deny in part any appeal. In granting all or part of an appeal, the Board may grant an extension of time for compliance with any decision or order from which the appeal was made.
(Ord. 05-73. Enacted 5-23-05.)