CITY OF CUMBERLAND. 339
provide that the said Board of Adjustment may, in appropriate cases and
subject to appropriate conditions and safeguards, make special exceptions
to the terms of the ordinance in harmony with its general purpose and
intent, and in accordance with general or specific rules therein contained.
The Board of Adjustment shall consist of five members, each to be ap-
pointed for a term of three years, and removable for cause by the appoint-
ing authority, upon written charges and after a public hearing. Vacan-
cies occurring in said Board either before or after the expiration of the
term of any of the members thereof shall be filled by the Mayor.
The Board shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this Act. Meetings of the Board shall
be held at the call of the chairman, and at such other times as the Board
may determine. Such Chairman, or in his absence the Acting Chair-
man, may administer oaths and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board shall keep
minutes of its proceedings, showing the vote of each member upon each
question, or if absent or failing to vote, indicating such fact, and it shall
keep records of its examinations and other official actions, all of which
shall be immediately filed in the office of the City Clerk and shall be a
public record.
Appeals to the Board of Adjustment may be taken by any person ag-
grieved or by any officer, department, board or bureau of the City of
Cumberland affected by any decision of the administrative officer. Such
appeal shall be taken within a reasonable time as provided by the rules
of the Board by filing with the officer from whom the appeal is taken and
with the Board of Adjustment a notice of appeal in writing specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the
Board of Adjustment 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 cases proceed-
ings shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment, or by the Circuit Court for Alle-
gany County on application on notice to the officer from whom the appeal
is taken and on due cause shown.
The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal, give public notice thereof, as well as due notice to the par-
ties in interest, and decide the same within a reasonable time. At the
hearing any person may appear in person or by agent or by attorney.
The Board of Adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an adminis-
trative official in the enforcement of this Act, or of any ordinance adopted
pursuant thereto.
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