A. General: An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected, where it is alleged there is error in any determination of the building inspector in the enforcement of this title.
B. Notice Of Appeal And Fees:
1. An appeal shall be taken within ten (10) days from the determination of the building inspector by filing with the building inspector and with the secretary of the board, a notice of appeal specifying the grounds thereof.
2. The notice of appeal shall be accompanied by the payment of a fee to be set by the city council. Cost of notice and posting of signs shall be billed to the appellant.
3. The building inspector, upon receipt of notice of appeal, shall forthwith transmit to the secretary of the board, certified copies of all the papers constituting the record of said matters.
C. Public Hearing And Notice Required:
1. Upon receipt of the record, the secretary shall set the matter for public hearing and give at least fifteen (15) days' notice thereof by publication in a newspaper of general circulation.
2. Where deemed necessary by the board, additional notice shall be given by the posting of a sign or signs on the property.
3. Notice shall be fairly and reasonably calculated to give notice of the nature of the proceedings and the determination appealed from.
D. Board Action: The board shall hold the public hearing and upon the concurring vote of four (4) members may, so long as such action is in conformity with the terms of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determinations appealed from and may make such order, requirement, decision, or determinations as ought to be made, and to that end shall have the powers of the building inspector from whom the appeal is taken.
E. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the board on due and sufficient cause shown. (Ord., 3-8-1971)