4-8 Appeals

4-8.1 General. Appeal of City Council decisions shall be to the Appeal Authority. Appeals shall be in writing and shall be filed with the Clerk’s Office not more than thirty days after the decision by the City Council. The Appeal Authority may affirm, modify or reverse the decision of the City Council. Appeal review by the Appeal Authority shall be recorded in an open public meeting. Appeal Authority decisions will be final. 4-8.2 Notice of Hearing of Appeals Right of Appearance. The Appeal Authority shall schedule a reasonable time for the hearing of the appeals, after giving public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time. Any party may appear in person, by agent or by attorney. 4-8.3 Stay of Proceedings Pending Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Appeal Authority, 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 restraining order, which may be granted by the Appeal Authority or by the District court, on application and notice and on due cause shown. 4-8.4 Judicial Review of Board's Decision – Time Limitation. Bryce Canyon City or any person aggrieved by Adjustment may have and maintain a plenary action for relief in any court of competent jurisdiction; provided, a petition for such relief is presented to the court within thirty days after the filing of such decision in the Clerk’s Office. 4-8.5 Time Limitation on Variance. In the event the Appeal Authority does grant a variance in accordance with the provisions of this Chapter, alterations in accordance with the variance must be activated within six months after the date such variance is granted, or the variance becomes null and void. The time limit of the variance may be extended an additional six months by the Appeal Authority, only if the petitioner shows adequate cause to the Board that circumstances necessitate a time extension. 4-8.6 Filing Fee. Upon filing of any appeal or application to the Appeal Authority, the appellant or applicant shall pay the City a fee prescribed by the City Council in the appropriate Fee Resolution. The said fee shall be collected by the officer in whose office said appeal is filed and shall be deposited with the City Treasurer and credited to the general fund. No appeal or application shall be considered by the Appeal Authority unless such fee has been paid.