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(A) Standing. Any person aggrieved or affected by any decision of the Administrator made in the administration of this chapter may appeal to the Board. Such appeals may also be made by any governing body of a municipality, county, or Airport Zoning Board which is of the opinion that a decision of the Administrator is an improper application of this chapter as it concerns such governing body or Board.
(B) Notice of appeal. All appeals hereunder must be commenced within 14 calendar days of the decision appealed, by filing with the Administrator and with the Board a notice of appeal, specifying the grounds thereof. The Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action was taken.
(C) Stay of proceedings. An appeal shall stay all proceedings and the furtherance of the action appealed from, unless the Administrator certifies to the Board after the notice of appeal has been filed with it, that by reasons of the 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 except by order of the Board on notice to the Administrator and on due cause shown.
(D) Hearing. The Board shall fix a reasonable time for the hearing of appeals, give notice by publication in the official newspaper at least ten days prior to the hearing, as well as written notice to the parties in interest. Upon the hearing, any party may appear in person, by agent or by attorney. The Board shall decide the appeal within a reasonable time.
(E) Conditions. The Board may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as may be appropriate under the circumstances, and to that end shall have all powers of the Administrator.
(Ord. passed 9-15-77)