Chapter 17.08 BOARD OF APPEALS
Section 17.08.030 Procedure.
A. Appeals to the board of any matter
over which the board is specifically granted exclusive
jurisdiction may be taken by any person aggrieved, or by an officer, department, any board, or
bureau of the city affected by any decision of the building inspector. Such appeal shall be taken
within sixty (60) days of such decision by filing with the building inspector and with the board a
notice of appeal specifying the grounds thereof. The building inspector 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 inspector certifies to the board, 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, proceedings shall not be stayed otherwise than by proper legal action.
C. Upon an appeal, or request for
a variation or exception, the board shall fix a reasonable
time for a hearing. Upon an appeal from any decision of the building inspector, application for
variation or application for exception, the board shall give not less than fifteen (15) days public
notice of a hearing thereon in a newspaper published in the city. The notice shall contain the
particular location of the property affected by the decision appealed from or the variation or
exception requested, as well as a brief statement of the nature of the appeal or of what the
proposed variation or exception consists.
The secretary of the board shall give notice of the place
and time for hearing of the appeal
application, request for variation or exception, to the parties concerned either in person or by
registered mail, return receipt requested, not less than fifteen (15) days and not more than thirty
(30) days prior to the hearing. The notice shall state the name and address of the applicant, the
name and address of the owner of the property, the location of the property and a brief statement
of the nature of the appeal, request for variation or exception.
D. The party filing a notice of appeal
to the board shall pay at the time of filing a fee of
seventy-five dollars ($75.00) toward the costs of the appeal. An additional fee of fifty dollars
($50.00) shall be paid for the costs of publication of a public notice of the date of the hearing to
be held on the appeal or request for variation or exception. The fees shall be paid to the
municipal clerk, who shall give a receipt therefor; and a copy of the receipt shall be presented to
the board with the notice of appeal, as evidence that the fees required in the case have been paid.
The fees thus collected by the clerk
shall be paid to the credit of the general revenue fund of the municipality. (Ord. 1258 § 1 (part),
1994: prior code § 40-14-3(A))
17.08.030