(A) Authorization. Appeals to the Board of Appeals, concerning the interpretation or administration of this chapter, may be taken by any aggrieved person, administrative body, officer, agency, or commission of the village affected by any decision of the Enforcement Officer.
(B) Filing appeals.
(1) Appeals shall be taken within 45 days of the action complained of.
(2) The aggrieved party shall file his or her appeal, specifying the grounds thereof, with the Enforcement Officer and with the office of the Village Clerk. The Enforcement Officer shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(3) The appeal shall include, but not be limited to:
(a) A copy of the order, requirement, decision, or determination of the Enforcement Officer which the applicant believes to be in error;
(b) A clear and accurate, written description of the proposed use, work, or action to which the appeal is involved and a statement justifying the applicant’s position; and
(c) Where necessary, a plot plan, drawn to scale, showing existing conditions and proposed plans for the area in question.
(C) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Enforcement Officer certifies by letter to the Board of Appeals, after the notice of appeal is filed with him or her, that by reason of specific facts, stated in the letter, a stay would, in his or her opinion, cause imminent peril to life and property. If certified by the Enforcement Officer, as above, proceedings shall not be stayed except by a restraining order which may be granted by the Board of Appeals or by a circuit court on application and on notice to the Enforcement Officer and on due cause shown.
(D) Hearing and decision on appeals.
(1) The Board of Appeals shall fix a reasonable time and place for hearing of appeals and shall give notice thereof to the appellant and officer from whom the appeal is taken.
(2) The Board of Appeals may affirm or reverse, wholly or partly, or modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Enforcement Officer. The Board shall render a written decision on the appeal without unreasonable delay after the close of the hearing.
(Ord. 834, passed 2-1-2001)