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(a) Right to Appeal. An appeal taken from the requirement, decision or the determination made by an administrative official or board charged with the enforcement of any ordinance pursuant to West Virginia Code 8-24-39 through 8-24-49 shall be filed with the Board of Zoning Appeals.
(b) Specifications of Grounds; Filing. The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board by general rule.
(c) Transmission of Data to Board. The administrative official or board from whom the appeal is taken shall, upon the request of the Board, transmit to the Board all documents, plans and papers constituting the record of the action from which an appeal was taken.
(d) Hearing. The Board shall fix a reasonable time for the hearing of an appeal. Public notice shall be given of the hearing and due notice shall be given additionally to the interested parties. Upon the hearing, any party may appear in person, by agent or by attorney.
(e) Staying of Work on Premises; Exception. When an appeal from the decision of any official or board has been taken and filed with the Board, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official or board from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by restraining order which may be granted by the circuit court of the county on application, on notice to the officer or board from whom the appeal is taken and the owner of the premises affected and on due cause shown.
(f) Fees. Before any action shall be taken as provided in this section, the party proposing any action necessitating a public hearing shall deposit with the Board, the sum of twenty-five dollars ($25.00), plus the cost per certified letter for each interested party. Under no condition shall such sum or any part thereof be refunded after being deposited. No deposit of money shall be required when any action is recommended by the Board on its own motion.
(g) Failure to Give Notice. The failure to notify, as provided by this section, shall not invalidate a decision rendered by the Board; provided, that such failure was not intended. The omission of the name of any owner or occupant of property who may, in the opinion of the Board, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any decision made hereunder, it being the intention of this section to provide insofar as is possible, for notice to the person substantially interested in the proposed change that a petition is pending before the Board which proposes to consider a petition filed in conformance with this section.
(Ord. 1460. Passed 10-4-84.)