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S.B. 624
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VETOES
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(2) [Such] A PERSON FILING AN APPEAL WITH THE BOARD OF
MUNICIPAL AND ZONING APPEALS SHALL FILE THE appeal [shall be taken] within a
reasonable time, as provided by the rules of the [Board, by filing] BOARD.
(3) (I) A PERSON FILING AN APPEAL WITH THE BOARD OF MUNICIPAL
AND ZONING APPEALS SHALL FILE with the ADMINISTRATIVE officer from whom the
appeal is taken and with the [Board of Zoning Appeals] BOARD a notice of appeal
specifying the grounds [thereof] FOR THE APPEAL.
(II) The ADMINISTRATIVE officer from whom the appeal is taken
[shall forthwith] SHALL, ON RECEIVING THE NOTICE OF APPEAL, transmit to the
[Board] BOARD OF MUNICIPAL AND ZONING APPEALS all [the] papers constituting
the record [upon which] OF the action appealed [from was taken],
(e) (1) [An] UNLESS, AFTER RECEIVING THE NOTICE OF THE APPEAL, THE
ADMINISTRATIVE OFFICER FROM WHOM AN APPEAL IS TAKEN CERTIFIES FACTS TO
THE BOARD OF MUNICIPAL AND ZONING APPEALS THAT THE ADMINISTRATIVE
OFFICER BELIEVES SHOW THAT A STAY WOULD CAUSE IMMINENT PERIL TO LIFE OR
PROPERTY, 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
Zoning Appeals after the notice of appeal shall have been filed with the officer that by
reason of facts stated in the certificate a stay would, in the officer's opinion, cause
imminent peril to life or property] APPEALED.
(2) [In such case proceedings] IF THE ADMINISTRATIVE OFFICER
PROVIDES FACTS SHOWING THAT A STAY WOULD CAUSE IMMINENT PERIL TO LIFE
OR PROPERTY, THE PROCEEDINGS [shall not be stayed otherwise than] MAY BE
STAYED ONLY by a restraining order [which may be] granted by the [Board of
Zoning Appeals] BOARD OF MUNICIPAL AND ZONING APPEALS or by a court of
[record on application, on notice to the officer from whom the appeal is taken and on
due cause shown] RECORD.
(3) A RESTRAINING ORDER MAY BE ISSUED ONLY:
(I) ON APPLICATION;
(II) FOR GOOD CAUSE SHOWN; AND
(III) AFTER NOTICE IS GIVEN TO THE ADMINISTRATIVE OFFICER
FROM WHOM THE APPEAL IS TAKEN.
(f) The [Board of Zoning Appeals shall fix] BOARD OF MUNICIPAL AND
ZONING APPEALS SHALL:
(1) FIX a reasonable time for the hearing of [the appeal, give] AN
APPEAL;
(2) GIVE public notice [thereof, as well as] AND due notice to the parties
in interests and decide] OF THE APPEAL; AND
(3) DECIDE the [same] APPEAL within a reasonable time.
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- 4004 -
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