§ 152.045 APPEALS.
   (A)   This subchapter does not apply to §§ 152.400 through 152.462, Damage Prevention.
   (B)    from the enforcement and interpretation of this chapter, may be taken to the by any aggrieved. An is taken by filing with the and the a written notice of specifying the grounds therefor. A notice of shall be filed with the Town Clerk or Town Deputy Clerk. The notice of must state the grounds for the and the date and time of filing.
   (C)   An must be taken within 30 days after the interested party or parties receive written notice of an order, requirement, decision, or .
   (D)   Whenever an is filed, the shall forthwith transmit to the all the papers constituting the record relating to the action appealed from. A copy of the record shall also be provided to the appellant and to the of the property that is subject to the if the appellant is not the .
   (E)   After receipt of notice of , the Chairman of the shall fix a reasonable time, not to exceed 60 days, for the hearing of the . All applications must be accompanied by an application fee as set by Town staff to help defray costs in advertising and administration.
   (F)   An stays all actions by the seeking enforcement of or compliance with the order or decision appealed from, unless the certifies to the that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, proceedings shall not be stayed except by a restraining order which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the , and the shall meet to hear the within 15 days after such a request is filed. All to the Superior Court and all applications to the Superior Court for a stay shall be made within 30 days of a party’s receipt of notice of the decision of the . The official who made the decision being appealed shall be present at the hearing as a witness. The may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or appealed from and shall make any order, requirement, decision, or that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the is taken.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 6-16-2009; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)