(A) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within 10 days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and with the Board of Adjustment a notice of appeal which shall specify the grounds on which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all of the papers constituting the record on which the decision appealed from was made.
(B) When appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him, or her that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her requirement would cause imminent peril of life or property. If this is the case, the requirement shall not be suspended except by a restraining order which may be granted for due cause shown on not less than 1 day's written notice to the Inspector by the Board, or by a court of record on petition made pursuant to state law and § 151.47.
(C) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make the decision and order as in its opinion ought to be made in the matter. To that end it shall have all the powers of the Inspector, but the concurring vote of 4 members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have power also in passing on appeals in any case where the strict letter of the ordinance has been carried out but where there is a need, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(D) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(E) All appeals which may be taken from decisions or orders of the Inspector pursuant to this section shall be heard and determined by the Zoning Board of Adjustment. As the body appeals, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by this section and shall keep an accurate journal of all of its proceedings.
(1989 Code, § 151.35) (Ord. passed 7-14-1981)