§ 17.44.100. Appeals.

A.

Any person aggrieved, or any taxpayer affected, by any decision of the city manager of the city, made in his or her administration of this chapter, if of the opinion that a decision of the city manager is an improper application of these regulations, may appeal to the board of adjustment.

B.

All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the city manager a notice of appeal specifying the grounds thereof. The city manager shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

C.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city manager certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of city manager cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the city manager and on due cause shown.

D.

The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and 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.

E.

The board of adjustment may in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the manager.

(Prior code § 3-60)