Appeals from any action or decision of an administrative officer acting pursuant to any zoning ordinance shall be made to the board of adjustment in the following manner:
A. Permitted Appeals: Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer;
B. Time Limit For Filing: An appeal shall be taken within thirty (30) days from the date of the grievance by filing with the officer from whom the appeal is taken and by filing with the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the city clerk certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken;
C. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has 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, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment on due cause shown; and
D. Hearing; Notice: The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (2001 Code § 154.088)
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