20.04.04 APPEALS

1. The applicant or any other person (including any officer, department, or board of the Town of Genola) affected by a decision interpreting a land use ordinance may appeal that decision applying the land use ordinance by alleging that there is error in any order, requirement, decision, or determination made by an official in the interpretation of the land use ordinance. 2. An appeal must be made within thirty (30) days from the date of such decision by filing with the Town Clerk a written notice of appeal specifying the grounds thereof. When an appeal is taken from a decision of the Land Use Authority, the Town Clerk shall forthwith transmit to the Appeal Authority all papers, if any, constituting the record from which the action was appealed. 3. An appeal filed in accordance with this section stays all proceedings in the appeal action, unless the officer from whom the appeal is taken certifies to the Appeal Authority that by reason of facts stated in the certificate the stay would in his/her opinion cause imminent peril to life or property. In such cases, 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. The Appeal Authority shall fix the time for hearing any appeal within thirty (30) days of the date of filing such appeal with the Town Clerk and shall give public notice thereof in accordance with the Utah Open and Public Meetings Act, as well as notice to the parties in interest. 5. Proceedings and hearings before the Appeal Authority shall be had pursuant to rules adopted by the Appeal Authority and in conformance with general principles of due process. Any party of interest may appear at such hearing in person, by agent, or by an attorney of his or her choice. 6. The person or entity making the appeal has the burden of proving that an error has been made. 7. The person or entity making the appeal must pay the fee as set by the Fee Schedule before a hearing shall be set.