3-6 APPEALS

The purpose of the appeal procedure is to provide recourse in the event it is alleged that there is error in any order, requirement, certificate, decision, or determination made by an administrative official or advisory body in the administration or enforcement of this ordinance. 1. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrative officer or agency provided, however, that appeals from a decision of the legislative body shall be appealed directly to the district court. 2. Such appeal shall be taken within 7 days from the date of the action appealed from by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the ground thereof. 3. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. 4. The appellant shall have the burden of proof that an error was made by the officer from whom the appeal is taken. 5. Any appellant may be required to verify an appeal before a notary public or other person authorized to administer oaths. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would, in his opinion, cause imminent peril to life and property. 7. A public hearing shall be held by the Board of Adjustment within 30 days from date of application. 8. Reasonable notice of time, place, and purpose of the hearing shall be given. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. 9. The Board of Adjustment shall find whether, in its opinion, error was made. 11. The Board of Adjustment may within the terms of this ordinance affirm, reverse, or modify the action appealed as it seems just and equitable and exercise all rights of any other officer or commission. 12. The concurring vote of three members of the Board of Adjustment is necessary to reverse any order, requirement, decision, or determination of any administrative or appointed official or to decide in favor of the appellant. 13. The City or any person aggrieved by any decision of the Board of Adjustment may petition the district court for review; provided petition for such relief is presented to the court within 30 days after the filing of such decision in the office of the Board.