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MapLink™ Procedures | Appeals to the Board of Adjustment

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Appeals to the Board of Adjustment
Appeals to the board of adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the city affected by any decision of the building commissioner regarding provisions of this chapter. 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 and with the board a notice of appeal specifying the grounds thereof. The building commissioner shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building commissioner certifies to the board, after the notice of appeal shall have been filed with him, that, by reason of fact 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 on notice to the building commissioner and on due cause shown.

The board 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.