§ 6-93. Appeals.

(a)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision or ruling of the building commissioner or city engineer made under the zoning ordinance. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rule, by filing with the building commissioner or city engineer and with the board a notice of appeal specifying the grounds thereof. The building commissioner or city engineer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from unless the building commissioner or city engineer certifies to the board 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 otherwise than by a restraining order, which may be granted by the board or by a court of record on application or notice to the building commissioner or city engineer.

(c)

(1)
The board shall fix a reasonable time for the hearing of the appeal, give not less than 15 days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and decide the same within a reasonable time.

(2)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official; or to decide in favor of the applicant upon any matter upon which it is required to pass under any such ordinance; or to effect any variation in such ordinance. Upon the hearing any party may appear in person or by agent or attorney.

(d)

A fee of $500.00 shall be paid to the city at the time the notice of appeal is filed and shall be credited to the general revenue fund of the city.

(Code 1973, app. A, art. XIX, § 3; Ord. No. 2238, § 2, 2-24-92; Ord. No. 2657, § 1, 12-8-97)