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2017-04-04 P & Z Packet
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2017-04-04 P & Z Packet
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§ 153.72 APPEALS. <br />The City Council shall, unless otherwise superseded by law, have the power and duty of hearing and <br />deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination <br />made in the administration or enforcement of this chapter. <br />(A)Procedure. An appeal for administrative review may be taken to the Council by any person, firm or <br />corporation or any city officer, department or agency affected by an adverse decision in the <br />administration or enforcement of this chapter. An appeal shall be taken by filing a notice of appeal <br />specifying the grounds thereof with the Administrator and the Council within 30 days after the decision. <br />If the appeal is not taken by the owner of the property which is the subject matter of the decision <br />appealed from, the notice shall not be so filed until after it has been served upon the owner either in <br />person or by mail. The Administrator shall forthwith transmit to the Council all papers constituting the <br />record upon which the action appealed from was taken. An appeal for an administrative review stays all <br />proceedings, in furtherance of the action appealed from unless the Administrator certifies to the Council <br />that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to <br />life or property. In that case, the proceedings shall not be stayed otherwise than by a restraining order <br />granted by a court of competent jurisdiction. The Council shall at its regular meeting after the filing of <br />an appeal to it from a decision set a date for hearing thereon, which shall be not later than 60 days after <br />the meeting. After hearing the oral or written views of all interested persons, the Council shall make its <br />decision at the same meeting or at a specified future meeting thereof. The decision of the Council may <br />be appealed to the County District Court. <br />(B) Fees. There shall be no fee charged for appeals. <br />§ 153.99 PENALTY. <br />Any person violating any provision of this chapter shall be guilty of a misdemeanor. <br />292 1 Page <br />
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